Top court issues injunction on recusal law, expands size of panel hearing petitions

The High Court of Justice steps up the pressure on the coalition by issuing an interim injunction over the recently approved recusal law and expands the panel hearing the petitions against the legislation to 11 justices.

The court’s injunction instructs the prime minister and the Knesset to specify any reason the court should not order that the recusal law — which shields prime ministers from being ordered by the court or the attorney general to recuse themselves — come into effect at a later period.

The injunction effectively demonstrates that the court is considering issuing a ruling to “interpret” the law as not taking immediate effect, in order to strip the controversial legislation of its personal aspect since it currently applies directly to Prime Minister Benjamin Netanyahu.

The law was passed by the coalition seemingly to ensure that Netanyahu could not be ordered to recuse himself over any alleged violation of his conflict of interest agreement from 2020, which prohibits him from making judicial appointments, and arguably broader changes to the judiciary, as his government seeks to do.

During the course of the High Court hearing on Thursday on petitions against the legislation, the three presiding judges, including Supreme Court President Justice Esther Hayut made very clear they believed the law to have been tailored personally for Netanyahu, and therefore flawed, and asked attorneys representing the Knesset and the attorney general if delaying implementation would resolve this problem.

The interim injunction and the expansion of the panel to 11 justices indicates the court is now formally weighing this option.