The government counts on the judges in Jerusalem to strike down their laws – comment

The Israeli government intentionally passed a temporary amendment on July 14, 2024, regarding ultra-Orthodox (haredi) yeshiva students and military service, despite repeated warnings that it would not withstand legal scrutiny. The amendment aimed to halt enforcement proceedings against haredi students who failed to report for military service, effectively preventing their arrest or investigation without exempting them from the draft obligation. The High Court of Justice unanimously struck down the law, which never took effect, on Thursday, July 25, 2024, after Justice Ofer Grosskopf froze it the day after its passage.

“The government was permitted to obtain separate legal representation - and it still offered no substantive legal defense. Instead, it submitted a short position saying the result of the case was “known in advance.”

The Knesset's own legal advisers, the Attorney-General, and the IDF Chief of Staff had all warned against the legislation, citing procedural defects and inconsistency with military needs. Following the ruling, haredi politicians attacked the court, accusing it of generating chaos and trampling democracy. Deputy Supreme Court President Noam Sohlberg, an observant Jew, expressed his dismay in the judgment, stating, “this is not the way of Torah. Far from it,” and emphasizing that enforcement applies due to non-compliance with a legal obligation, not because students study Torah.