Israel's Supreme Court Overturns Law Shielding Ultra-Orthodox Draft Dodgers

Israel's High Court of Justice, known as the High Court, unanimously struck down an amendment to the law that had prohibited the arrest of ultra-Orthodox yeshiva students evading military conscription. The nine-judge panel ruled on Thursday, September 3, that the law's passage involved a fundamental violation of legislative procedure. Deputy Chief Justice Noam Sohlberg, who prepared the main opinion, stated that the amendment's final text significantly differed from the bill passed in its first reading, rendering the entire legislative process flawed and necessitating the law's cancellation.

Eight of the nine justices also found the amendment to be substantively contrary to basic laws, arguing it severely harmed the principle of equality. Justice David Mintz, while disagreeing on the substantive grounds, concurred with the cancellation due to the procedural defect. Justice Alex Stein separately noted that the law violated the Declaration of Independence, rendering it invalid.

The amendment, passed in its second and third readings on July 14, 2026, by a vote of 58 to 54, had imposed a five-month ban on coercive measures, investigations, and arrests for yeshiva students who did not report for enlistment. It established a system of declarations and checks, requiring the defense minister to compile a list of yeshivas whose students were exempt from arrest, based on recommendations from the Council of Yeshivas and oversight from the education ministry.

Legal advisors had previously criticized the law, calling it a "sectoral exemption" that did not address inequality. They argued that exempting a specific group from military service without effective oversight or sanctions exacerbated constitutional issues. The High Court agreed, concluding that exempting a population segment from criminal law, outside of emergencies, cannot be a legitimate state policy and violates the rule of law and the state's duty to apply its powers fairly.

Sohlberg warned that allowing such a practice could set a dangerous precedent for other political groups seeking exemptions from tax or criminal laws. The court also highlighted that the amendment deprived the Israel Defense Forces (IDF) of a key tool for ensuring conscription, as the possibility of arrest positively influences service compliance. The court rejected the argument that suspending arrests protected Torah study, stating that coercive measures were applied due to draft evasion, not religious study. MK Meir Porush of the United Torah Judaism party decried the ruling as part of a campaign against Torah scholars and the ultra-Orthodox community, accusing the court of overreach.