MembersThe Supreme Court Vs. the Jewish State

Israel’s Supreme Court is threatening to undermine the national homeland for the Jewish people

By Tsvi Sadan |
Israeli Supreme Court President Esther Hayut and Supreme Court justices arrive to petitions against the Jewish Nation-State Law, at the Supreme Court in Jerusalem on December 22, 2020. Photo by Yonatan Sindel/Flash90 Photo: Yonatan Sindel/Flash90

Eleven Supreme Court justices have been summoned to decide whether or not to accept thirteen leftist human rights NGOs and political parties’ appeal challenging what is known as the “Nation Law” in Israel: the determination that “Israel is the Nation-State of the Jewish People.”

Eran Lev, the lawyer who is appealing on behalf of the far left-wing Meretz party, told the judges that this law contradicts another Basic Law in Israel called the law of “Human Dignity and Liberty.” Since Israel has no constitution, “Basic Law” is the closest thing to it, and therefore has a unique legal status that makes it, at least in theory, nonjudicial. Yet, as the old saying goes, in Israel “the law is only a suggestion.”

The very fact that Israel’s Supreme Court has accepted an appeal against the Nation Law, say the critics (all of whom are right-wingers) means that the Supreme Court sees itself as having the authority to annul a Basic Law. This would be like the United States’ Supreme Court ruling against the...

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