Israel's Constitutional Showdown
Israel’s Cabinet Defies Supreme Court Ruling on Regulator, Escalating Constitutional Clash
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Key Points
1
First-time defiance by Netanyahu's government: It is the first time a Netanyahu-led administration publicly refuses to follow a Supreme Court ruling, signaling a potential constitutional crisis.
2
Two-thirds membership threshold: The government argues the Second Authority must meet a statutory two-thirds majority to approve actions, and because it currently does not, it cannot act.
3
June 17 court order backdrop: The Supreme Court ordered the regulator to continue functioning despite vacancies, forming the legal premise the government is challenging.
4
May injunction and appointments: Justice Stein froze the newly appointed Second Authority council in May, including chair Yifat Ben-Hay Segev and members Kinneret Barashi and Haim Shine, prompting the government's defiant stance.
Israel's cabinet voted unanimously to defy a Supreme Court ruling on its broadcast regulator — the first time a Netanyahu-led government has openly refused to follow a court order, according to Al-Monitor. The move has sparked fears of a full constitutional crisis, with critics warning it sets a dangerous precedent for ignoring judicial decisions.
The dispute centers on the Second Authority for Television and Radio, a council that oversees commercial broadcasting. The Supreme Court ordered it to keep operating despite several member vacancies. The government says that order cannot override written law, and has refused to recognize any decisions the regulator makes, Belaaz News reported.
Cabinet Openly Refuses to Follow Supreme Court Order
Communications Minister Shlomo Karhi and Justice Minister Yariv Levin led the cabinet vote. Their argument is straightforward: a court cannot override an explicit law passed by parliament. The law requires the Second Authority council to have at least two-thirds of its members present before it can take binding actions. The council currently falls short of that threshold.
"A court cannot override explicit laws," the government's position states, according to Taylorville Daily News. Because the council lacks the required membership, the government says it simply cannot act — no matter what the Supreme Court orders. Cabinet members voted as one bloc, with no dissenting voices.
How the Legal Battle Reached This Breaking Point
The crisis has been building for months. In May, Justice Stein froze the newly appointed Second Authority council. That freeze blocked chair Yifat Ben-Hay Segev and two new members — Kinneret Barashi and Haim Shine — from taking their seats. Their absence pushed the council below the two-thirds membership level required by law.
On June 17, the Supreme Court ordered the regulator to continue functioning despite those vacancies. That order is now the one the government is refusing to honor, according to Al-Monitor. The standoff has turned a procedural dispute about a media council into a direct test of who holds final authority in Israel — the courts or the elected government.
Opposition and President Warn of Democratic Collapse
The backlash was swift and sharp. President Isaac Herzog warned that defying the court threatens the foundations of Israeli democracy. Opposition leader Yair Lapid went further, saying the move could set a precedent that allows any government to simply ignore rulings it dislikes, according to Democrata.
Protests have revived across Israel in response. Critics link this defiance directly to the government's broader push for judicial reforms — a plan that would limit the Supreme Court's power to strike down laws. Opponents say both moves point toward the same goal: concentrating power in the hands of the ruling coalition at the expense of independent oversight.
What Happens Next in Israel's Constitutional Standoff
The Second Authority regulates commercial television and radio in Israel. If it cannot legally act, new broadcast licenses stall, regulatory decisions freeze, and the media sector faces uncertainty. The practical consequences are real and immediate, even as the political fight plays out, according to Belaaz News.
Legal experts warn this could escalate quickly. If the government refuses a Supreme Court order with no consequence, the court's authority weakens permanently. Israel has no written constitution, making its Supreme Court one of the few checks on government power. How this standoff resolves — through political compromise, new appointments, or further defiance — could reshape Israeli democracy for years to come.
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