This morning, the Chairperson of the Constitution Committee, Member of Knesset Simcha Rothman, filed an appeal against the decision of Supreme Court President Esther Hayut not to disqualify herself from participating in the panel of justices hearing appeals regarding the law to reduce the Clause of Reasonability.
In the opening of Rothman's appeal, it is written: "The honorable court is requested to accept the appeal and declare the disqualification of Mrs. Esther Hayut from participating in the deliberations on the matter titled 'Basic Law: The Judiciary (Amendment No. 4)'. The appellant will argue that there is a significant concern of bias and harm to the appearance of justice, preventing Mrs. Esther Hayut from participating in the deliberations on the legality of the amendment to the law, and according to the law, she should have disqualified herself from participating in the case."
Additionally, Rothman, through his legal representative, requests that the court hold a hearing on the appeal before President Hayut participates in the deliberations on the substance of the appeal.
The discussion: this Tuesday
Among the reasons for the appeal is President Hayut's decision not to recuse herself despite her speech on January 12th this year at the Association for Public Law conference, where she expressed her specific views and opinions regarding the proposal to eliminate the Clause of Reasonability. As previously mentioned, Hayut referred to the actions to amend the judicial system as "a threat to the legal system" and described the proposed legislative changes as an "unrestrained attack" on the legal system.
In her appeal to Knesset member Rothman, it is argued: "It is not and should not be conceivable, certainly not in a corrected legal system, that the court will treat the attorneys, the Minister of Justice, the government, and the Chair of the Knesset Constitution Committee as threatening, stormy, and undermining the entire democratic system while simultaneously judging and deciding on their matters as if nothing had happened."
The discussion on the appeals filed against the law to reduce the Clause of Reasonability will take place next Tuesday, with an expanded and unprecedented panel of 15 justices from the Supreme Court. The government's request to postpone the hearing date was not accepted by President Hayut.