Supreme Court president Esther Hayut
Supreme Court president Esther HayutPhoto by Olivier Fitoussi/Flash90

The Supreme Court rejected the government's request this afternoon (Tuesday) to postpone the hearing on the petitions against the law to reduce the reasonability standard.

The hearing will be held next Tuesday with an unprecedented composition that will include all 15 judges of the Supreme Court.

Last night, the President of the Supreme Court, Judge Esther Hayut, clarified to the Chairman of the Constitution Committee, Member of Knesset Simcha Rotman, that she will not disqualify herself from discussing the petitions against the reduction of the probable cause.

"The applicant's claim of invalidity is based, in essence, on a speech I gave at the conference in which I referred to the speech the Minister of Justice gave about a week earlier in which he listed a series of initiatives for changes he plans to make in the justice system," Hayut wrote.

She added: "The applicant's claim is that my statements at that stage regarding the initiative to cancel the reasonability standard establish a reason for my disqualification from ruling on the proceedings. The applicant refers in this context to various statements and claims, and claims that they are meant to express a cohesive and decisive position on my part regarding the subject of the proceedings, the litigants and their motives, as well as regarding the arguments they make".

According to her, "I did not express an opinion on the reasonability standard that you enacted, but in principle on the grounds of reasonableness."

Another claim: "The fact that the judge sitting in the court holds a certain opinion regarding a certain issue does not automatically establish grounds for disqualification, as long as there is no evidence in his words that his opinion is biased."

Rothman's associates responded: "Hayut's decision is disappointing and increases public distrust in the Supreme Court. Her statements in a speech in January were in the demonic style of the leaders of the protest against the right-wing government. The laconic rejection of the request to disqualify her proves once again that the Supreme Court follows a pattern of lordship over the Knesset and the government and is not attentive to criticism. The heart of the public demands a fair trial."

According to them, "events of this type will only strengthen the determination to carry out the correction processes of the legal system. Rothman is expected to file an appeal against this decision."