What we know about Israel’s Supreme Court ruling on Netanyahu’s judicial overhaul

The court ruled, by eight votes to seven, that a government amendment to the so-called reasonableness law should not stand. The bill had stripped the Supreme Court of the power to declare government decisions unreasonable, and was the first major piece of a multipronged effort to weaken the judiciary to be passed by the Knesset, Israel’s parliament, last year.

Netanyahu’s judicial overhaul had spurred months of furious protests in Israel as citizens accused his government of attempting to weaken Israel’s democracy.

The unprecedented Supreme Court ruling could cause splits in Israel’s war cabinet, made up of Netanyahu and two prominent critics of his efforts to overhaul the court, while the conflict in Gaza rages.

Here’s what we know about the ruling and its effects.

What is the reasonableness law?

The Knesset, Israel’s parliament, in July passed the reasonableness law, which stripped the Supreme Court of the power to declare government decisions unreasonable.

The reasonableness doctrine is not unique to Israel’s judiciary. The principle is used in a number of countries, including the United Kingdom, Canada and Australia.

The standard is commonly used by courts there to determine the constitutionality or lawfulness of a given legislation, and allows judges to make sure that decisions made by public officials are “reasonable.”

The standard was used this year when Netanyahu dismissed key ally Aryeh Deri from all ministerial posts, in compliance with an Israeli High Court ruling that it was unreasonable to appoint him to positions in government due to his criminal convictions and because he had said in court last year that he would retire from public life.

Netanyahu told Deri he had complied with the ruling “with a heavy heart, with great sorrow.”

The reasonableness bill was one part of a broader package of reforms to Israel’s judicial system. Other parts aimed to give the hard-right coalition government more control of the appointment of judges, and would remove independent legal advisors from government ministries.

What did the Supreme Court rule?

The court ruled that a government amendment to the reasonableness law should not stand. The court said it rejected the amendment because it would deal a “severe and unprecedented blow to the core characteristics of the State of Israel as a democratic state.”

The government bill amended one of Israel’s Basic Laws, which, in the absence of a formal constitution, act as an informal one. Until Monday’s ruling, the Supreme Court had never before struck down a Basic Law or an amendment to one.

In their ruling, 12 out of the 15 judges agreed that the court had the authority to nullify a Basic Law in “extreme cases.” Only eight of the 12 thought this was an extreme case.

What has the reaction been?

Netanyahu’s allies criticized the court’s decision Monday. National Security Minister Itamar Ben-Gvir called the ruling “illegal,” saying it was harming Israeli forces fighting in Gaza.

“This is a dangerous, anti-democratic event – and at this time, above all, a ruling that harms Israel’s war effort against its enemies,” Ben-Gvir said.

Minister of Justice Yariv Levin, the architect of the judicial overhaul plans, called it “the opposite of the spirit of unity required these days for the success of our fighters on the front.” The Israeli prime minister’s Likud party said the ruling was “unfortunate” as it “is against the will of the people for unity, especially during wartime.”

The speaker of the Knesset, Amir Ohana, added that “a time of war is certainly not the time to establish a first precedent of its kind in the history of the country.”

But the Supreme Court was required to release its ruling by January 12, as two justices hearing the case have retired and are required by law to submit their final rulings within three months of stepping down.

Opposition leader Yair Lapid said in a post on X that the Supreme Court had his full backing as it “faithfully fulfilled its role in protecting the citizens of Israel.”

“If the Israeli government again starts the quarrel over the Supreme Court then they have learned nothing,” he said. “They didn’t learn anything on October 7, they didn’t learn anything from 87 days of war for our home.”

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