Knesset Legal Advisor Finds Major Flaws in Law Exempting Ultra-Orthodox Draft Dodgers from Arrests

Two days after State Attorney Gali Baharav-Miara urged the Supreme Court to make a temporary injunction permanent and effectively annul the law freezing arrests of ultra-Orthodox draft dodgers, the Knesset legal advisor also opposed the law. On Sunday, Knesset legal advisor Shagit Afik submitted a response to the Supreme Court stating that "significant flaws" occurred during the legislative process. Afik noted two main issues: first, the law was passed in a manner inconsistent with Knesset regulations and Basic Law: The Knesset, as its content exceeded the scope of the original bill and introduced a "new subject." Second, the legislative process did not meet the high standard required under the circumstances.

The legal advisor's office explained that these circumstances include the significant changes after October 7, the application of continuity principles requiring alignment with updated military and security needs, and serious constitutional difficulties detailed by the committee's legal counsel during the process. Afik concluded that the combination of these factors means the law's passage violated Basic Law: The Knesset and its regulations.

The law, approved ten days ago, aimed to prevent arrests, investigations, and enforcement actions against ultra-Orthodox draft dodgers recognized as yeshiva students for several months. It was set to expire on November 30, shorter than the initially planned 90 days. Due to Basic Law provisions and upcoming elections, its validity was supposed to extend into the next Knesset term. The day after its passage, the Supreme Court issued an injunction freezing the law.

In her Friday response to the court, Baharav-Miara called for the law's annulment, describing it as "an extreme and clear case of a flawed and harmful legislative arrangement" that fails constitutional tests and should be voided. She criticized the law as discriminatory, contrary to Israel's security needs and public interest, violating fundamental principles of the rule of law and equality, and enacted through a deeply flawed process. The law was part of a series of measures exempting yeshiva students from mandatory military service solely based on group affiliation, in blatant contradiction to the court's demands to the government.