Supreme Court Justices Divided on Arab Candidate's Knesset Bid

Professor Moshe Cohen Eliya commented on Thursday regarding the Supreme Court's deliberation on the Central Elections Committee's decision to disqualify Sami Abu Shahadeh from running for the Knesset. Cohen Eliya stated that there appears to be a majority of at least five justices, including Mintz, Stein, Kashar, Knef-Shtein, and Vilner, who are inclined to disqualify Abu Shahadeh. He suggested that the recommendation for Abu Shahadeh to withdraw stems from the court's reluctance to set a precedent for disqualifying an Arab candidate, something not seen since 1964.

Cohen Eliya further noted that what was permissible for Azmi Bishara in 2002 is no longer possible after October 7th, even if the disqualification is not legally mandated by existing doctrine. He also posited that the court wishes to avoid appearing more left-wing than Yair Golan and the Attorney General, and is concerned about maintaining trust, particularly within the left-wing camp. Cohen Eliya dramatically predicted that the Supreme Court would not dare to avoid disqualifying Abu Shahadeh, fearing it would be seen as more left-wing than the Attorney General, who has recommended his disqualification.

Supreme Court President Yitzhak Amit informed Balad Chairman Sami Abu Shahadeh that there is a majority in favor of disqualifying him from running for the Knesset. Amit suggested that Abu Shahadeh consider withdrawing his candidacy to avoid a reasoned ruling against him. "There is a consensus among the justices that the statements made by Sami Abu Shahadeh are painful, infuriating, and disgusting," Amit said. "After hearing the parties' arguments, we consulted and found that there are differing positions, and it appears the likely outcome is to approve the disqualification with all that entails."

"In these circumstances, and with the agreement of all members of the panel, we recommend that Mr. Abu Shahadeh consider whether he stands by his candidacy, or not, in a way that would obviate the need for a reasoned ruling in his case," Amit added. He requested that Abu Shahadeh provide his answer by the end of the day's proceedings.