Israel's Supreme Court unanimously struck down legislation Thursday evening that had frozen enforcement proceedings against ultra-Orthodox men who fail to report for mandatory military service. The decision came from an expanded panel of nine justices led by Deputy Chief Justice Noam Solberg, who authored the lead opinion.
The law in question was enacted this past July and aimed to halt enforcement actions against members of the Haredi community who are legally obligated to serve but do not show up. Following its passage, five separate petitions were filed with the High Court seeking its annulment.
The justices unanimously found a fundamental procedural defect in how the legislation moved through Israel's parliament. According to Solberg's opinion, the final version of the law that was approved differed so substantially from the bill that passed its first reading that it essentially constituted a new piece of legislation that never underwent proper initial review. The court determined this represented a serious flaw in the legislative process, warranting the law's cancellation.
But the court went further. Eight of the nine justices also ruled that the law's substance was unconstitutional, finding it severely violated the principle of equality. Justice David Mintz was the sole dissenter on this point, though he too agreed the law should be voided based on the procedural irregularities alone.
Ultimately, all nine justices concurred on the outcome: the law is void. The practical effect is that the legislation designed to freeze enforcement proceedings against ultra-Orthodox draft obligees will not remain in force. The High Court issued a final order mandating its cancellation.
