Supreme Court Strikes Down Law Freezing Draft Enforcement Against Haredim

Israel's Supreme Court, sitting as the High Court of Justice, unanimously voided an amendment to the Security Service Law that had been enacted just two months prior. The amendment, known as Amendment No. 28, had introduced a temporary provision to broadly halt all enforcement and arrest proceedings against ultra-Orthodox men who failed to enlist in the military. The court's decision, written by Deputy President Justice Noam Sohlberg and agreed upon by all nine justices, found a fundamental flaw in the legislative process.

Specifically, the court determined that the final version of the amendment significantly deviated from the bill that passed its first reading, violating Knesset procedural rules. This procedural defect rendered the amendment equivalent to a law that had never passed its first reading, necessitating its cancellation. The ruling stated that the legislative process contained a flaw that went to the root of the matter.

In addition to the procedural issue, eight of the nine justices ruled that the amendment was unconstitutional on its merits. They concluded that it severely infringed upon the core constitutional right to equality, an infringement that did not meet the conditions of the limitation clause. Justice David Mintz, while disagreeing on the constitutional merits, concurred with the decision to cancel the law due to the procedural flaw.

With the absolute order issued, the amendment is immediately nullified, and the enforcement provisions of the Security Service Law are fully reinstated. The ruling came in response to five petitions, including one from the "Free Israel" movement.