Member of Knesset Simcha Rothman submitted a request today (Monday) to disqualify Supreme Court President Esther Hayut from presiding over the appeal regarding the cancellation of the Clause of Reasonability.
In the announcement issued by Rothman, it was written: "The undersigned respectfully requests to submit a request to disqualify Mrs. Supreme Court President from participating in the discussion of the appeals related to the amendment to the Basic Law: The Judiciary (Amendment No. 4). The requester will argue that there is more than a mere appearance of bias and potential harm to the appearance of justice, which prevents Mrs. Supreme Court President from participating in discussions regarding the legality of the amendment to the law, and, accordingly, she should recuse herself from the case, in accordance with the law."
President A. Hayut, who is destined to participate and serve as the head of the panel in the discussion of the appeals related to the legality of the amendment to the Basic Law: The Judiciary, expressed her opinion explicitly and firmly. She firmly stated that the amendment to the Basic Law: The Judiciary is part of an attack on the legal system and part of a plan to undermine the judicial system. Therefore, it is clear that Mrs. Supreme Court President has already formed her opinion on the matter and has even expressed it publicly.
With all due respect and appropriateness, these statements made publicly by the esteemed President indicate that Mrs. Supreme Court President has already formed her opinion on the matter, and consequently, there is a real concern of bias and potential harm to the appearance of justice, which prevents her from participating in discussions on the appeals related to the legality of the amendment.