Supreme Court President Esther Hayut
Supreme Court President Esther HayutShir Toram/Flash 90

The government is considering a move to submit a request to disqualify Supreme Court President Esther Hayut from participating in the Supreme Court's discussion on the Reasonableness Standard Law, Kan News reported this evening (Wednesday).

According to the report, the government's reasoning for the move is a harsh opinion that Hayut presented against the law in a public speech last January, in which she explained why this was a dangerous change and even spoke against the motives behind the law's enactment.

The government's request to disqualify Hayut must go through Attorney General Gali Beharev Miara, and if she refuses, the government will have to decide whether to submit the disqualification request independently.

It is estimated that the Knesset will not file a disqualification request in addition to the government.

Last week, the Knesset passed an amendment to the Basic Law: The Judiciary which would limit the court's ability to apply the 'Reasonableness Standard' against the Cabinet. The Reasonableness Standard allows the court to strike down government actions on the grounds that in the court's opinion, no 'reasonable' government would take such an action, and not based on any legal or constitutional principle.