Channel 12 News correspondent Amit Segal this evening (Wednesday) published excerpts from the draft ruling that is being formulated on the petitions to the Supreme Court against the Basic Law amendment that restricts the court's ability to apply the 'Reasonableness Standard' to strike down Knesset-passed laws or government decisions.
According to the report, a majority of the full panel of 15 justices supports invalidating the law despite it having quasi-constitutional status as a Basic Law. Former Supreme Court President Justice Esther Hayut reportedly seeks to set the precedent that the court has the power to strike down even Basic Laws in response to petitions by Israeli citizens.
Seven justices reportedly oppose striking down the law.
In the draft ruling, President Hayut wrote that "this Basic Law constitutes a considerable deviation from the 'constitution in the making' concept and therefore had to be accepted by broad consensus and not by a narrow coalitional majority."
Several justices reportedly agreed to side with Hayut during the early war against the Hamas terrorist organization due to her expected stepping down after she reached the mandatory age of retirement in October. Justice Anot Baron is also expected to retire soon, and the ruling had to be reached quickly if the two of them were to be able to lend their voices to the decision.
An unprecedented full panel of all 15 Supreme Court justices was gathered to take part in the hearings on the petitions to strike down the "Reasonableness Standard" law.
The'Reasonablness Standard' allows the court to strike down laws and government actions based not on established legal standards or precedents, but based on the judges' subjective opinion that no 'reasonable government' or legislature would act in such a manner or pass such a law.
The government has argued that the court would abrogate to itself supreme power if it takes the unprecedented step of striking down a Basic Law, overriding the will of the people and all democratic standards.
Opponents of the Reasonableness Standard law argue that the standard is a necessary check on the government's authority and protects the rights of minorities. The attorney general has also supported the petitions against the law.
Should the court take the unprecedented step of striking down the Basic Law while Israel is at war and in a state of emergency, it runs the risk of reopening the rifts in Israeli society that divided the country in the year prior to the October 7 massacre and undermining the unity Israelis have displayed since the Hamas attack.
Finance Minister Bezalel Smotrich said in response to the report: "Hundreds of thousands of regular and reserve soldiers and commanders are giving their lives for the common good now on all fronts, Two million people are afraid of the knock on the door, and there are those who insist on returning us to October 6."
"The striking down, for the first time in the country's history, of Basic Law, by an opportunistic and narrow majority, further saddens and deepens the division and controversy and the lack of understanding of the magnitude of the hour. Just as the Knesset is not currently promoting controversial laws, so it is appropriate and expected of the other government institutions. This is the time for victory and unity," said Smotrich.