The Knesset’s own legal adviser urged Israel’s High Court of Justice to invalidate a law suspending the detention of Orthodox (Haredi) draft refusers, concluding that the legislation suffered from serious procedural and constitutional defects.
The opinion, submitted Sunday ahead of Tuesday’s High Court hearing, places the Knesset’s legal adviser, Sagit Afik, alongside Attorney General Gali Baharav-Miara in opposing the measure. The court already issued an interim order earlier this month preventing the temporary law from taking effect pending its review.
According to Afik’s filing, lawmakers failed to follow the Knesset’s rules during the legislative process and did not meet the heightened standard required for legislation with broad constitutional implications.
Police officers in Bnei Brak try to prevent clashes between Haredi locals and a group of women protesting army exemptions for the yeshiva students on June 26, 2026. Photo by Gideon Markowicz/TPS-IL
“The legislative process required an exceptionally high standard, and the process of enacting the Temporary Provisions Law did not meet it,” the opinion said.
The legal adviser also pointed to the Israel Defence Forces’ urgent manpower requirements following Hamas’ October 7 attack, saying the military’s increased conscription needs heighten the constitutional concerns surrounding the legislation.
Baharav-Miara similarly asked the court to strike down the law, arguing in a separate filing that it is “flawed and offensive and must be repealed.” She cited security officials who said expanding the pool of military recruits is an urgent operational and national security necessity.
The temporary measure passed the Knesset earlier this month by a 58-54 vote. It would suspend the detention of Haredi draft refusers until November 30, after Knesset elections. Critics of the law say it creates an exemption for one sector without maintaining the balance required under the Security Service Law.
Israel is scheduled to hold elections on October 27.