Prime Minister Benjamin Netanyahu submitted his response to the Supreme Court of Israel on Sunday morning, ahead of an expanded-panel hearing on petitions seeking the removal of National Security Minister Itamar Ben-Gvir.
The response, filed through attorney Michael Rabilo, argued that there is no legal justification for judicial interference in the makeup of the government, and that this is a constitutional act of the highest order in which there is no room for interference.
The response stated that "this is an unconstitutional attempt to remove a minister - you do not have any authority," and that the court has no constitutional ability to dismiss a minister due to the way he functions or his administrative decisions.
Netanyahu added that accepting the petitions would mean that the court would be taking an active part in the political arena without any legal authority to do so. According to the Prime Minister, the authority to dismiss a minister is vested solely in him, who is responsible to the Knesset and the public, who are entitled to express their position through elections.
The response further noted that Ben-Gvir's appointment was approved by both the Knesset and the Cabinet, and that there is no cause for interference. It claims that the reasonableness cause does not apply in this case and that remarks made by the minister do not constitute grounds for his dismissal in a democratic country.
Additionally, the response states that a petition is not the appropriate framework to examine a minister's administrative decisions, and that the Administrative Court should be consulted in individual cases. Netanyahu stressed that he reexamined the claims against Minister Ben-Gvir and was not convinced enough to justify his removal.
The response argued further that a significant portion of the events presented occurred before Ben-Gvir resigned from the government, and that this does not justify the petition. Likewise, it was argued that the minister did not act differently from his predecessors and that he has the right to lay out policies and support police officers.
The response concludes that even regarding sensitive issues, such as the Temple Mount, Ben-Gvir acted in coordination with the Prime Minister. Netanyahu requested that the Supreme Court not interfere in the makeup of the Cabinet and respect the basic principles of the democratic process.