The Israeli government, led by Prime Minister Benjamin Netanyahu, has passed a resolution to ignore a Supreme Court order that would allow the country's media regulator to convene. This move, approved by the cabinet on Sunday, represents the first instance of an Israeli government openly defying the nation's highest court and raises concerns of a potential constitutional crisis.
The government declared, "You have no power to trample the law. A ruling that contradicts the law will not be recognized, and decisions made under it are void." This statement directly challenges the Supreme Court's June 17 ruling.
At the heart of the dispute is the Supreme Court's decision to block new appointments to Israel's Second Authority for Television and Radio, an agency analogous to the U.S. Federal Communications Commission. The court also reinstated the previous iteration of the authority, despite reservations about its ability to meet the legal quorum required for operation. According to the Supreme Court, the government's "deliberate obstruction and paralysis" led to resignations that depleted the regulatory agency's headcount, with the court noting a "puzzling proximity in time" to these resignations.
Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, with Netanyahu's endorsement, introduced the cabinet resolution to defy the ruling. They argued that the Supreme Court had overstepped its judicial authority and acted outside the bounds of the law. "High Court judges are not the Knesset, and a fit of power does not grant authority to erase an explicit threshold condition from the law, even if it is inconvenient for them," Karhi stated. He further asserted, "The rule of law is not the rule of the judges. Today, the government has clearly stated: when the High Court tramples the law, the state will not lend a hand to it. Two-thirds is a legal requirement, not a recommendation, and a council that does not meet the threshold conditions set by the legislature does not exist."
The standoff occurs as the proposed sale of Reshet 13, a prominent commercial television network, to tech entrepreneurs awaits approval.
Opposition parties have condemned the government's decision, and Israeli President Isaac Herzog issued a warning against defying the Supreme Court. "Statements of noncompliance with Supreme Court rulings harm the core of unity in the people," Herzog said. "I have already clarified this, and I will repeat it again and again – noncompliance with a court ruling is a red line that must not be crossed under any circumstances."
Netanyahu and his government have a history of contentious relations with Israel's judiciary. Prior to the October 7, 2023, Hamas attacks, Netanyahu's administration pursued a judicial reform package that ignited widespread protests. Elections in Israel are anticipated in October.