Doctors file petition to High Court calling to strike down ‘reasonableness’ law

The Israel Medical Association filed a petition on Sunday to the High Court of Justice calling for the nullification of the “reasonableness” law passed last month as part of the government’s judicial overhaul.

The petitioners requested that the amendment to Basic Law: The Judiciary be struck down or, at the very least, not apply to the health system.

The 68-page brief lists a series of potential actions that the government and the health minister in particular can legally undertake now that courts cannot exercise judicial review on administrative decisions based on the standard of reasonableness.

According to the brief, the law will allow the health minister to appoint unqualified individuals to sensitive positions; arbitrarily open and close hospitals; fund and promote so-called gay conversion therapy; order prioritizing treatment to patients according to their race, sex or occupation; arbitrarily declare that a certain disease is infectious; revoke doctors’ licenses for their political views; and make unprofessional decisions regarding the training and certification of doctors.

The new law prohibits all courts, including the Supreme Court, from using the judicial yardstick of “reasonableness” to review and potentially reverse government and ministerial decisions. It was the first law passed, and so far the only one, out of the government’s far-reaching judicial overhaul plan.

The coalition argues it is critical to restrain what it sees as an overly activist court interfering in government decisions, while opponents argue the reasonableness standard is a key tool for protecting certain rights and the independence of law enforcement officials.

A hearing on the law will be held in the High Court of Justice on September 12 with a panel unprecedented in size that will comprise all 15 Supreme Court justices. Last week, the High Court issued a procedural injunction against the law,  requiring the government to explain why it believes the petitions against it should be struck down by the court.

Nullifying the quasi-constitutional Basic Law would be an unprecedented exercise of judicial review over the Knesset’s constituent authority. Prime Minister Benjamin Netanyahu has refused to say whether his government would abide by such a ruling.

Last week, doctors opposed to the judicial overhaul announced that they would cease reporting to work if the government causes a constitutional crisis by refusing to abide by such a ruling.

Also last week, Channel 12 reported that, as a result of the judicial overhaul, thousands of doctors have joined a WhatsApp chat group seeking advice on how to relocate overseas, and some have begun to receive lucrative offers to move to the UAE.

The day after the “reasonableness” law was passed, the Israel Medical Association staged a one-day strike, leaving public health facilities with skeleton staffing. A labor court ordered the healthcare industry back to work later in the day.

In addition to the turmoil over the government’s judicial policies, the international Organization for Economic Co-operation and Development (OECD) has warned that Israel is facing an impending shortage of doctors.

The organization in June warned of doctor shortages as early as 2025, pointing out that Israel does not have a proper system in place to manage manpower in the medical profession. The report also called on Israel to increase the number of medical students and accredit an additional new medical school.