Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts
May 21, 2025
why a ruling?
The Supreme Court just ruled the firing of Ronen Bar, head of the Shabak, was not according to proper procedure and was also unlawful due to conflict of interest.
I am not sure why the Supreme court ruled anything at all. Ronen Bar announced his plans to resign in June. In light of Bar's resignation, the government retracted its firing of Ronen Bar. If the government retracted the firing of Ronen Bar, there is retroactively no court petition to rule on.
So why is the Supreme Court ruling anything on this at all today?
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Mar 31, 2024
Dudi Amsalem
Minister Dudi Amsalem just filed a petition with the Supreme Court to draft the Arab community in Israel to the IDF.
Amsalem thinks he is standing up for and helping his coalition partners, the Haredi community, by filing this petition, as if he is pointing out a massive hypocrisy. Amsalem says the Israeli Arab community gets benefits just like everyone else in Israel but does not share in the burden of army service. And like the Supreme Court just ordered the Haredi community to be drafted for lack of a law exempting them, the Arab community should be drafted as well. The Arab community does not get automatic exemptions, but the IDF does not send them draft notices.
I am not sure who Amsalem thinks he is hurting or helping. He is a member of the government, and has been for a long time. If the Arabs are not drafted it is because his governments chose not to (for security reasons). So now he wants to force his government to draft them? he could probably have just gone to PM Netanyahu and said if this is what they are doing to the Haredim let's also draft the Arabs. He didnt have to go to the Supreme Court. They are not being drafted not because they refuse to be drafted and go to the army for religious reasons but because the Israeli government chooses to not draft them because the Israeli government thinks as a whole they cant be trusted regarding security, dual loyalties perhaps or whatnot.
And if they are not being drafted for security reasons, Amsalem thinks getting back at the Supreme Court is more important than the security of Israel? He's thinking I am going to show them how hypocritical they are and I am going to put us all at risk in doing so!?
If the government thinks they have ways to draft the Arabs and they can do it without being a security risk, I am all for it. I think the Arabs should be required to do at least National Service if they dont go to the army. I think most Haredim should do at least National Service as well. Again, Amsalem is part of the government - he does not need to go to fight in the Supreme Court to do this, just pass a law. The only reason the Supreme Court got involved is because for years Netanyahu and his various governments have refused, or failed, to pass a law for the draft to make a legal arrangement with the Haredi community. This government is all about personal benefits and games instead of doing the real work.
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Mar 28, 2024
Quote of the Day
My position that we can no longer come to terms with entire sectors being exempted from army service is well known. Together with that, the obstinacy of the Supreme Court to obligate the government to change a situation that nobody has been able to change for 70 years specifically now, during an ongoing war, is infuriating, idiocy and plays into the hands of the enemies of Israel.
-- MK Hanoch Midiwsky (Likud)
He's not wrong, but.....
he is not wrong, the world wont come to an end if they give a 6 month extension or whatnot.
On the other hand it is not the Supreme Court's fault that PM Netanyahu has done his utmost to avoid legislating this and has repeatedly pushed it off to later...
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Labels:
Draft Law,
haredim,
qotd,
Supreme Court
Jan 2, 2024
Dessert to be postponed until further notice
MK Tzvika Fogel (Otzma Yehudit) raised quite a stir a little while ago when he said, "First of all we will defeat Hamas, immediately afterwards we will deal with Hezbollah, and for dessert we will make order in the Supreme Court. Everyone has his time. Patience."
People got upset at this saying he is comparing the Supreme Court to Hamas and Hezbollah. Others, like Minister Itamar Ben Gvir, came to his defense saying that isnt what he meant, blah blah blah.
That part of it, whether he compared the Supreme Court to Hamas or not, does not even interest me.
What I find interesting is that he thinks that after we defeat Hamas and Hezbollah he will then move on to deal with the Supreme Court. After the war with Hamas and Hezbollah will be finished, however that will be determined and defined, I expect there will be (in whatever order) massive protests, new elections, resignations, investigations, a lot of fighting over responsibility and what that means. Nobody is going back to judicial reform so quickly. Maybe eventually, maybe some other meal in the future, but it won't be the dessert served after the war.
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Jul 24, 2023
Unreasonable
So the coalition has officially passed the Reasonableness Clause law, and immediately the Supreme Court was petitioned against the law.
Wouldnt it be funny if the Supreme Court struck it down as unreasonable?
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Feb 5, 2023
Quote of the Day
If Netanyahu will fold on [the judicial reforms issue] that will be the end of the ability of religious Jews to live in the Land of Israel. They are fighting for the Supreme Court so that they can make us leave our religion. The Supreme Court is the head of those chasing down the rights of the Haredi minority sector... everybody admits that the IDF does not need a mandatory draft law. I have proposed a law to cancel the mandatory draft. Mandatory draft is just so they can make us leave our religion. It is Yaharog V'Al Yaavor.
-- MK Yisroel Eichler (UTJ)
I love his "the world was created for me" approach. All anyone wants to do is make the Haredim no longer religious, and surely they think it is possible, as if it is still the 1950s when there really was a battle over religion despite the massive numbers of religious people in Israel.. And remember when everyone in UTJ was scoffing at the Leftists who claimed they would leave the country if Netanyahu won - taunting them to keep their promises (some even suggested that would be a good solution to the housing crisis), Eichler sounds no different - if I dont get my way we will have to leave the country. The religious and Haredi community have flourished like nowhere else, either because of or in spite of the way the government works here. There is nothing about any way the governemnt works that even if it went totally against UTJs preferences would force them to leave.
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Jan 18, 2023
what comes next?
I dont know what the Supreme Court will decide in the Deri case, though it seems all the Shas people do know and are flipping out in advance. As I said, I think their is their campaign to pressure the court. If they decide Deri is out, the Shas people will all say we were right, it was obvious, the Supreme Court is against Deri, against Sefardim, against the Right etc. If they let Deri serve the Shas people will eventually say their campaign was successful.
I dont even find the upcoming Supreme Court decision interesting. What I find interesting is the leadup to the decision. And more interestingly, what will happen after. Obviously if they decide in his favor that means nothing interesting will happen. If they decide against Deri, it gets exciting.
If they decide against Deri, will he resign? Will Netanyahu fire him? Will they reject the decision and ignore it. If Deri resigns or gets fired by Netanyahu will the government fall? Some voices are saying they would dismantle the coalition if that happens. It seems, some Shas people are saying, they would push through a law that will allow Deri to serve and then dismantle the coalition and go to elections to bring him back.
Would they really risk elections over this? Give up the full right wing government so quickly? they might win bigger but they might not. Big risk. The government got 64 seats which is a big win but in votes it was very close and it was more the mismanagement on the left that gave the right the big win. There is no guarantee it would be repeated.
What elections would do is be a referendum on both Deri and the legal reforms Yariv Levin recently proposed. Previously they spoke about reforms and even mentioned some issues, but they never spoke about the sweeping reforms Levin actually proposed, so it is difficult to say this is what the people wanted. Now that the people know what the reforms are, immediate elections would at least partly be a referendum on that.
But it would be a big risk. Personal positions aside, would Deri really let Shas dismantle the coalition over this and go back to elections?
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Labels:
Aryeh Deri,
Shas,
Supreme Court
Apr 4, 2022
Nitzan Horowitz didnt do this
I am not sure what the big issue with Minister of Health Nitzan Horowitz is regarding the hospitals and chametz this coming Pesach. Ministers and MKs on the right, in the coalition as well, are speaking out angrily about Horowitz's position regarding the allowing of chametz into the hospitals, or more precisely, the stopping of checking bags to prevent chametz from being brought in.
The thing is, this is not Nitzan Horowiutz's decision or instructions. This is the Supreme Court's decision. And it happened more than a year ago (though initially the implementation was delayed). not that Horowitz believes otherwise, but this was not his decision or policy.
And screaming at him and threatening him with political fallout wont do much considering it was a Supreme Court decision.
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Mar 29, 2022
Kosher for Pesach hospitals
As per the Supreme Court decision last year that would require hospitals to allow patients or visitors to bring chametz in, the hospitals are technically no longer to have their guards stop people form bringing in chametz. It became known that Hadassah Hospital had "asked its employees" and patients and visitors to agree willingly to not bring chametz in over Pesach.
To that end, Minister of Health Nitzan Horowitz sent letters to all hospitals in Israel saying that they must adhere to the Supreme Court decision to allow employees or patient and visitors in and to bring their chametz in should they wish to. Guards at the doors are not allowed to prevent people form coming in with chametz.
Horowitz said that we must allow each patient to act how he wishes in this regard, without coercion. Patients in the hospital and their families would be happy to be home and eat with their families in their homes and not in the hospital, but because they have to be in the hospital we must safeguard their dignity of both those who wish to fulfill the mitzvot of the holiday and of those who do not wish to.
MK Uri Maklev is understandably upset but his claim that this will prevent people from getting necessary healthcare is fear-mongering. It might be complicated for the hospitals to ensure a kosher for Pesach atmosphere, especially when some patients or visitors might bring chametz in but it must be possible because all over the world religious and traditional Jews get hospital care on Pesach while most of the hospital is a chametz environment. It would be nice if everyone in Israel cared about staying chametz-free, but even then there are non-Jews in Israel who have no reason to stay chametz-free, thus this is not the case.
We needn't be so sensitive that even the mere knowing someone else in the hospital might have chametz has to bother us and prevent us from getting the care we need because there is chametz nearby. The hospital will have ways to serve Kosher for Pesach foods and that's all you need to worry about. The patient in the next room eating a pita, or the patient 3 floors up eating a pita, is not going to affect you. If you need healthcare over Pesach, go get it. You will be fine with the Kosher for Pesach food. Stop worrying so much about what everyone else is doing.
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Mar 17, 2021
Supreme Court rules against continued travel restrictions
The news is reporting that the Supreme Court has decided against the continued restrictions limiting Israelis abroad from returning to Israel.
The Court has decided that the State cannot limit Israelis like this and the restrictions are unreasonable. The current guidelines and orders regarding travel are due to expire on Shabbos, and the Court said they cannot be automatically extended. If the State wishes to extend the orders, it will have to reconvene and make new decisions base don current facts and numbers, and not rely on the previous orders.
The Court also shot down the exceptions committee that meets to decide who, among the non-vaccinated and non-recuperated, is allowed to leave the country and who is not.
These orders are illegal, according to the Court.
As of Sunday, the skies will be open for Israelis, though not yet for non-citizens.
In the past I opposed the limitations on travel abroad for Israelis. It made no sense to me that Israel should stop people from leaving the country and traveling abroad. The other countries should decide if it wants to let Israelis, or any non-citizens, in to their country. Why should Israel prevent an Israeli from traveling in a different country? I understand not letting them back in to Israel after such travel, and I understand requiring quarantine, but as long as the potential traveler knows in advance (and in cases of emergency situations even without prior knowledge) what returning would entail, it should be up to the Israeli to decide if he or she wants to leave Israel under those conditions and travel in other countries (and it should be up tot he other countries to decide to let these people in or not). So it looks like the Court agrees with me.
The Court said the limitations on travel are hurting basic rights of people in a democratic country, and the long amounts of time of keeping these restrictions in place has failed to allow citizens the time to organize and do what they need without knowing when the restrictions will be lifted.
Another interesting point the Court made is that with Corona not expected to just disappear from our lives, we need to find a balance between the danger of letting in unknown mutations and variants of the disease and between the damage of hurting basic rights of citizens and residents. We need to find the balance that will allow some semblance of normal life alongside the virus, with proper management of the various risks.
The blocks continue to fall. Pretty much everything is opening up and will be almost fully open soon. Whether the government likes it or not. Hopefully it won't create a bad situation.
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Mar 4, 2021
Kosher BaGaTZ vs Kosher BaDaTZ
A couple of years ago there was a dispute in Kiryat Gat when the rav of the city, Rav Havlin, refused to grant mehadrin kashrut certification to a caterer because of Ethiopian employees (cooks) that the rav said needed to have their Judaism authenticated.
The caterer has petitioned the Supreme Court over the matter, and the Supreme Court has now ordered Rav Havlin and the Religious Council of Kiryat Gat to explain why they are refusing to grant the kashrut mehadrin certification to this catering company. The Rabbanut, led by Rav Havlin, has denied it being racism, but have also not supplied an alternative explanation. Because of the initial dispute, Rav Havlin at some point stopped granting any mehadrin certification in all of Kiryat Gat, but this catering company wants mehadrin certification, and also wants the Rabbanut to delineate a clear set of rules and guidelines one must follow to qualify for mehadrin certification.
So the Court is ordering the Rabbanut and Rabbanut Kiryat Gat to both explain why they stopped giving mehadrin at all in Kiryat Gat and to explain what the guidelines to qualify for mehadrin are and then to explain why they wont grant this caterer mehadrin certification or re-evaluate the situation.
Interestingly the rav's lawyer pointed out that there is no legal construct of mehadrin kashrut, so he cannot be sued or forced to grant it. In addition, he said, any institution granted kashrut only because of the Supreme Court will be kosher with the kashrut of the Bagatz btu not Kosher of the Badatz. Cute line.
While there might not be a legal construct called kosher mehadrin, if the Rabbanut decides to provide such a service they are not allowed to discriminate. They have to have a good reason to not give it to one person when giving it to another. I don't know that this caterer or any other should be given by force a mehadrin certification, but there should be clear guidelines for qualification and they should be known and transparent. They shouldn't be able to decide on a whim, every day changing the criteria. Set a list of rules and guidelines, and anyone who follows them and qualifies should get the mehadrin status.
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Labels:
kashrut,
mehadrin,
Supreme Court
Mar 2, 2021
The Supreme Court is deciding for a secular State, not a halachic one
People are upset about the Supreme Court decision regarding conversions, but there seems to be a misunderstanding.
The Supreme Court is not taking a halachic position.
Also, the Supreme Court was filling a void, as the Knesset failed to legislate the matter for the past 13 years, yet it was "discriminating" acceptance of conversions based on political decisions without legislation. That can't happen, and the Supreme Court, after waiting for many years, finally said if the Knesset is not going to legislate the matter, we will. And, the Law of Return already accepted non-Jews, as being Jewish is not a requirement of the Law of Return. The Law of Return accepts immigration to Israel if one has a single Jewish grandparent, and thousands upon thousands of non-Jews have immigrated to Israel over the years based on that.
That being said, I don't think anyone is surprised by the decision, but many are angry. The thing is, the State of Israel is a secular state. it is not a State based on halacha and Torah, even with many religious and/or traditional citizens. It is a secular State based on secular law and secular society.
It always amuses me when people somehow expect secular politicians and a secular legal system to act according to religion, and get upset when they do not. For political reasons the secular politicians at times find it prudent to "throw bones" to the religious, or to consider the religious position when legislating or setting policy, but in general they are secular, think secular and are building secular society. They will do secular things, and will prefer secular things, except when it is not politically prudent. There is no reason to get angry or surprised when a secular State sets secular policy - that is to be expected. Until there is a halachic State in the Land of Israel, there is no reason to expect or even demand that they follow the halacha.
The Supreme Court is not deciding Reform converts are Jewish. The Supreme Court is saying that because you didn't legislate the matter, you have to equally recognize State-processed converts and privately converted converts.
Don't get upset when Netanyahu or Gantz or Biton or Akunis or Steinitz or whoever eats treif food, desecrates Shabbos, talks to the Reform, etc -they are secular Jews running a secular State. If they choose not to, it is for political considerations, but we can't expect better of them, because these are not their values.
And one more thing, people used to say the Reform should not get angry that they are legislated against or when policy is set against them. They say, if they want power, they should love here in greater numbers and attain the necessary power. Looks like this is happening now. The Reform are increasing their power. And it has been happening on the watch of the religious/Haredi powers.
So, if the decision stands, people will have to pay attention to whom they marry and look into their background. Just like everywhere else in the world.
If you cannot figure out how to function in a non-halachic State, found one.
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Quote of the Day
No rav will listen to the Supreme Court. The halacha does not recognize it, and the Supreme Court can't change the halacha
-- former Chief Rabbi of Ramat Gan Rav Yaakov Ariel
Rav Ariel is right. But if the Supreme Court decision stands as is, it will simply become a decentralized system more like it is in other countries - the Reform will do their conversions and the Orthodox will not recognize such converts as Jewish, and the State will. That is the way it works everywhere else, and, again - if the decision stands, is how it will end up working here. The Supreme Court decision will not cause the Orthodox to recognize Reform converts as Jewish
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Labels:
conversion,
qotd,
Supreme Court
Mar 1, 2021
Supreme Court decision on conversions
the Supreme Court decision regarding the acceptance of private conversions, seemingly opening the door for Reform conversions to be accepted in Israel, was not unexpected. What is interesting is more on the side of the various reactions to it, rather than the decision itself.
Everyone is blaming everyone.
The Haredi parties are the most upset, obviously. They are super upset at the Court, but also at the Likud for being in charge for the past 13 years and knowing this was coming to a head but never moving forward with legislation on the matter and never allowing the Haredi parties to advance the issue.
The Likud is upset at the Court, saying this decision will hurt the Law of Return, but their anger seems half-hearted to me.
Smotritch is blaming the Haredim for dragging their feet for so long and not pushing legislation, thus letting this happen.
Some are upset at Gideon Saar for not yet condemning the Court decision.
Labor is not upset but is taking credit saying that Rabbi Gilad Kariv and his peers have fought for this for a long time and are now seeing the fruits of their efforts.
this is going to cause chaos and the anger won't go away so quickly. This will likely feature as a main focal point in a number of election campaigns in the coming weeks...
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Jan 13, 2021
Supreme Court on conversion could hand Haredi parties an easy electoral campaign
The Supreme Court rejected the government request to delay a decision on the Conversion Bill until after the elections, to give the 24th Knesset a chance to finally legislate the matter. The Court indicated it will give its decision prior to the upcoming elections.
The Conversion Bill is controversial and worrying to some. It is a decision to be made by the Supreme Court (due to lack of legislation) regarding the application of the Law of Return to people who converted to Judaism through non-Orthodox channels.
This issue has been bouncing between the government and the courts for 15 years already. "Who is a Jew" has held the status quo of only Orthodox conversions for a long time now, and nobody knows if the Supreme Court will abandon that status quo and order recognition of non-Orthodox conversions or if they will uphold it.
I think the Haredi parties are in a pretty good position in these elections. Their campaign is being handed to them ion a silver platter. They are going to have this easy campaign on defending Judaism against those who would harm it. They have the issues of the Draft Law, the Conversion Bill, the government shutting shuls and yeshivas (due to Corona) - which they might not want to use, Shabbos observance in the public sphere, and others.
Such a campaign might only draw small numbers of people form other sectors who want to defend Judaism against this attack, but it will almost definitely rally the Haredi community to vote for the Haredi parties. Polls show that some increasing percentage of Haredim are looking to other parties, but a good campaign on these issues could easily draw many of them back.
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Jan 10, 2021
The issue of chametz in hospitals on Pesach is over, unless Knesset takes it up
Back in April the Supreme Court decided that hospitals do not have the authority to stop people from bringing chametz in during the Pesach holiday, and the security guards do not have the right or authority to search people's bags for chametz.
The decision was appealed by the Chief Rabbinate. Today the Supreme Court rejected the appeal and also agreed to the decision that preventing chametz form being brought in and using the security guards to search visitors for chametz is a breach in the freedom of religion for patients and their privacy.
According to Ynet, this ends the case in the court system and there can be no more appeals. If anyone wants to change this ruling, it will have to be done by legislation in the Knesset.
The regular players are all either celebrating or attacking the decision. The secular groups are celebrating and the Haredi MKs are blasting the court for overreaching, for being against the Torah, etc.
Personally I still fail to see what the big deal is. Why should it disturb me if an Arab patient has his family come and they bring pita in to the hospital to eat? It isn't getting into my food. If the hospital is worried about dishes that they might put their pita on, the hospitals can use disposables for the week of Pesach.
To me this doesn't seem to be a big deal either way. It seemed clear what the court was going to decide, considering what they already had decided on the matter. If the players opposed to allowing chametz in were going to go for all or nothing and just bang theirs heads against a wall instead of looking for a practical solution, some sort of compromise, of maybe designated areas for chametz or some other compromise, it is no surprise that they end up with nothing.
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Labels:
hospital,
pesach,
Supreme Court
Jan 5, 2021
no more toys in the supermarket during a lockdown
One of the big complaints during the various lockdowns has been by businesses. The complaint is that while many small businesses deemed non-essential are shut down due to the lockdown, the supermarkets and other essential stores have begun selling many of the items from those non-essential stores.
For example, you can now commonly find toys and books, and even some hardware, home goods, clothing, linens and bedding, in many supermarkets. Along with many other non-essential items. it is true that some supermarkets might have sold some of these things even before the lockdown, but it has ramped up a lot since the lockdowns have been in place.
People can now go to the supermarket to buy toys for their kids, though they cannot go to the toy store to buy toys because a toy store is not considered essential.. Not only is it an unfair advantage being handed to the supermarkets while putting the other stores in an impossible situation, but it also negates the entire purpose of the lockdown. The essential stores are allowed to stay open because they sell items that are essential. Besides for essential needs people are supposed to be staying home. Yet they can go to the supermarket to buy their non-essential needs because the supermarket is essential.
I remember reading or hearing a while back in the United Kingdom (I think it was the UK) during their lockdown the essential shops were allowed to be open but they were not allowed to sell non-essential items.
Back to Israel, a consortium of toy stores filed a petition with the Supreme Court against the sale of toys in supermarkets and pharmacies (such as Superpharm) and homeware shops (such as Maxx Stock and others) to prevent them from selling toys, clothing and other non-essential items during the lockdown - basically any items the State declared as non-essential and that their natural stores need to be shut.
According to Ynet, the Supreme Court ruled yesterday, giving the State 7 days to adjust the Corona lockdown rules to prevent the essential stores form selling these non-essential items, or to find another solution. The Court said that during a lockdown essential stores should only be allowed to sell essential items such as food, medicine and pharmaceuticals and hygienic products.
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Oct 6, 2020
Eilat is not Uman, wants to be opened
I like how Uman comes up in totally unrelated situations.
The mayor of Eilat, Meir Yitzchak Halevi, has announced he is going to file a petition with the Supreme Court against the lockdown.
According to Yitzchak Halevi, Eilat is suffering from 75% unemployment due to the lockdown. he says Eilat is a green city, the most green city in all of Israel, but with its entire economy base don tourism, it has been destroyed by the lockdown.
Yitzchak Halevi wants to the government and Corona Cabinet to hold discussions about the situation in Eilat and come up with solutions to open things up. Halevi says, the government held 15 discussions about Uman before Rosh Hashana, and only one discussion has been held regarding the situation of Eilat. Yitzchak Halevi says that this city in Israel is collapsing and it has more residents than than the number of chassidim that travel to Uman
The Mayor of Eilat wants the city to be opened as a green island, with only one entrance open and visitors would need to bring a negative Corona test from within 48 hours to be allowed in. He has a complicated proposal of testing and rules that would apply in the city to allow tourists in, from within Israel and from outside Israel.
I don't know how green Eilat actually is, but it is so separated from the rest of Israeli cities, distance-wise, that I do not see why Israel cannot easily isolate Eilat and grant it an exemption (if it is really so Corona-free). If, however, the plan is not good and a better plan cannot be devised, then forget it - ride the lockdown out like the rest of Israel.
I am not sure the Supreme Court is the way to go. I don't see them being helpful. Until now all petitions to the Supreme court for intervention in lockdown rules have been rejected, giving the government the authority to make such decisions. They would be better off finding ways to pressure the politicians that are relevant.
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Labels:
eilat,
lockdown,
Supreme Court,
Uman
May 10, 2020
petition to Supreme Court against Meron closure
The other day it was reported that a couple of people and organizations petitioned the Supreme Court against the Lag B'Omer closure on the area of Meron and Kever Rashbi, especially against those who want to be there for the traditional haircut for a child that reaches the age of 3 years old.
Briefly, the claims against the closure are that it damages freedom of religious worship, is discriminatory against those who wish to participate in the "hilula" of Rashbi vs the general public that does not. Another claim is that some Admorim are being let in to participate but no criteria was published for how people can qualify for such a permit, and why should some people be allowed in but not others.
Another claim, specifically about the chalaka, is that the chalaka is limited by time and the custom is Lag B'Omer by Kever Rashbi, not the week or month after and not somewhere else - it should be allowed, as there is no alternative to the custom as it is.
Basically they want the Supreme Court to rule against the closure and allow the public to go to Kever Rashbi on lag B'Omer to celebrate and perform the custom of chalaka.
The State just responded presenting their side of the case. They started with the obvious explaining the spread of the virus especially at events with masses of people and show the numbers how social distancing has worked to prevent the spread. The State explained that it decided to have small lightings, one for each participating community - Sefardi, Hassidic and Dati Leumi, each with equal numbers of minimal participants, public health concerns, blah blah blah etc.
The interesting part is when the State said that despite the importance of the freedom of religious worship, when it conflicts with other more important rights, such as the right to life, the freedom of worship can be limited. With the State allowing bonfires on Kever Rashbi, in a limited capacity, it is not preventing the freedom of worship, just limiting it due to the seriosu public health concerns.
The State commented that the right to prayer is not being stopped, as people can continue to pray, just not there. Halacha also recognizes the concept of pikuach nefesh. The State specifically pointed to the official Chief Rabbis, and even Rav Chaim Kanievsky, who stated that Pikuach nefesh is more important and it should be closed and shut down to personal attendance this year.
I find it interesting that they petitioned the Supreme Court over the closure of Meron but not the closure of synagogues and yeshivas. That they accepted as ok, but the limiting of bonfires is an outrageous and unreasonable act of limiting freedom of worship.
And, interestingly, the State pointed to Rav Chaim Kanievsky to "prove" that the rabbonim say this year it is prohibited. Rav Chaim Kanievsky has some sort of status for everybody, but he is really one of the rabbinic leaders of the Litvishe community, not the sefardic and not the hassidic (even if they respect him greatly). The Litvishe community isnt even one of the groups that got a bonfire allocation, showing how little the Litvishe community thinks of this as important, yet the State pointed to Rav Chaim Kanievsky's "issur" to placate the Hassidic and Sefardic petitioners...
I can't beliueve the Court did not just reject this petition oturight. When the State is busy limiting the citizens and residents in so many ways due to valid health concerns, this should not even be an issue - it is definitely not the most important of all the issues.
Briefly, the claims against the closure are that it damages freedom of religious worship, is discriminatory against those who wish to participate in the "hilula" of Rashbi vs the general public that does not. Another claim is that some Admorim are being let in to participate but no criteria was published for how people can qualify for such a permit, and why should some people be allowed in but not others.
Another claim, specifically about the chalaka, is that the chalaka is limited by time and the custom is Lag B'Omer by Kever Rashbi, not the week or month after and not somewhere else - it should be allowed, as there is no alternative to the custom as it is.
Basically they want the Supreme Court to rule against the closure and allow the public to go to Kever Rashbi on lag B'Omer to celebrate and perform the custom of chalaka.
The State just responded presenting their side of the case. They started with the obvious explaining the spread of the virus especially at events with masses of people and show the numbers how social distancing has worked to prevent the spread. The State explained that it decided to have small lightings, one for each participating community - Sefardi, Hassidic and Dati Leumi, each with equal numbers of minimal participants, public health concerns, blah blah blah etc.
The interesting part is when the State said that despite the importance of the freedom of religious worship, when it conflicts with other more important rights, such as the right to life, the freedom of worship can be limited. With the State allowing bonfires on Kever Rashbi, in a limited capacity, it is not preventing the freedom of worship, just limiting it due to the seriosu public health concerns.
The State commented that the right to prayer is not being stopped, as people can continue to pray, just not there. Halacha also recognizes the concept of pikuach nefesh. The State specifically pointed to the official Chief Rabbis, and even Rav Chaim Kanievsky, who stated that Pikuach nefesh is more important and it should be closed and shut down to personal attendance this year.
I find it interesting that they petitioned the Supreme Court over the closure of Meron but not the closure of synagogues and yeshivas. That they accepted as ok, but the limiting of bonfires is an outrageous and unreasonable act of limiting freedom of worship.
And, interestingly, the State pointed to Rav Chaim Kanievsky to "prove" that the rabbonim say this year it is prohibited. Rav Chaim Kanievsky has some sort of status for everybody, but he is really one of the rabbinic leaders of the Litvishe community, not the sefardic and not the hassidic (even if they respect him greatly). The Litvishe community isnt even one of the groups that got a bonfire allocation, showing how little the Litvishe community thinks of this as important, yet the State pointed to Rav Chaim Kanievsky's "issur" to placate the Hassidic and Sefardic petitioners...
I can't beliueve the Court did not just reject this petition oturight. When the State is busy limiting the citizens and residents in so many ways due to valid health concerns, this should not even be an issue - it is definitely not the most important of all the issues.
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May 3, 2020
will Supreme Court bring new elections this morning?
The Supreme Court is supposed to be deciding this morning whether there is a legal impediment to Benjamin Netanyahu forming a government and becoming Prime Minister again despite being under indictment.
If the Supreme Court decides against Netanyahu, it will send us to another round of elections. This is not just a threat out of anger against Supreme Court intervention, but was solidified in the agreements between Gantz and Netanyahu as well, so elections will happen.
What I do not understand is, if the Supreme Court rules against netanyahu and says he cannot form a government, what will new elections help? The Supreme Court will already have decided that he cannot form the government, and even if he wins the new elections he still will not be able to form the government. So what would elections do for anybody? If the Supreme Court rules against Netanyahu, the Likud should appoint someone in his place. Elections will not do anything to let the Likud run the government again with Netanyahu at its head, as far as I can tell.
In general, I think the Supreme Court should have ruled on this long ago. They refused to rule on this during the election cycle saying it is not a relevant discussion until Netanyahu is set to form a coalition. To me it seems like they wasted all this time and if they were going to invalidate Netanyahu form being allowed to form a coalition (and I do not know that they will), it made sense to do so before elections, so Likud could run a candidate that would be allowed to form a coalition. Why force elections with a candidate that cannot form a government? I do wonder if perhaps not ruling on this earlier means it is likely they will allow Netanyahu to form a government, but I am not sure that is conclusive.
Regardless, if they rule against Netanyahu this morning, I am not sure what new elections will resolve.
If the Supreme Court decides against Netanyahu, it will send us to another round of elections. This is not just a threat out of anger against Supreme Court intervention, but was solidified in the agreements between Gantz and Netanyahu as well, so elections will happen.
What I do not understand is, if the Supreme Court rules against netanyahu and says he cannot form a government, what will new elections help? The Supreme Court will already have decided that he cannot form the government, and even if he wins the new elections he still will not be able to form the government. So what would elections do for anybody? If the Supreme Court rules against Netanyahu, the Likud should appoint someone in his place. Elections will not do anything to let the Likud run the government again with Netanyahu at its head, as far as I can tell.
In general, I think the Supreme Court should have ruled on this long ago. They refused to rule on this during the election cycle saying it is not a relevant discussion until Netanyahu is set to form a coalition. To me it seems like they wasted all this time and if they were going to invalidate Netanyahu form being allowed to form a coalition (and I do not know that they will), it made sense to do so before elections, so Likud could run a candidate that would be allowed to form a coalition. Why force elections with a candidate that cannot form a government? I do wonder if perhaps not ruling on this earlier means it is likely they will allow Netanyahu to form a government, but I am not sure that is conclusive.
Regardless, if they rule against Netanyahu this morning, I am not sure what new elections will resolve.
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