Rothman tells court it can’t void overhaul law; judges rebuke him for ‘political’ arguments

MK Simcha Rothman, who spearheaded the legislation of the reasonableness law, begins his response to the petitions in his role as chairman of the Knesset Constitution, Law and Justice Committee, and argues that the court has no right to intervene in the law.

In a tense exchange in which several justices tell him he is making political declarations rather than legal arguments, Rothman admonishes the court that “a privileged elite will not be able to protect rights in the long term,” and, citing comments made by former Supreme Court justice Moshe Landau, implies that the Supreme Court has become “an oligarchic regime of a [small] group of people.”

“What is the justification to take away the basic characteristic of the State of Israel as a democratic state, its free elections, the ability of the public to express its opinion, the ability of the public to change the laws that run their lives, the ability of the public to determine how the government is run?” Rothman demands.

Justice Anat Baron challenges him, asking: “What if the Knesset said that elections would take place only every 10 years, or that Arabs do not have the right to vote, or that it is forbidden to travel on Shabbat — what would you say?”

Rothman responds: “If we make a mistake, we can correct it when we are made aware of it, and if we don’t — we can be replaced via the ballot box.”