Israel’s Supreme Court has ruled that Prime Minister Benjamin Netanyahu must fire a key ally from the country’s new Cabinet.

The high court ruled that Aryeh Deri, the influential head of the ultra-Orthodox Shas party who has served repeatedly in Netanyahu’s previous governments, is disqualified from serving as a minister after he was convicted last year for tax offenses and placed on probation as part of a plea deal.

Deri has pledged not to quit and met after the ruling with Netanyahu.

“Most of the judges on the panel decided that this appointment suffers from extreme unreasonability, and therefore the Prime Minister must remove Deri from his position,” the court statement revealed.

The ruling comes as Israel is being shaken by a dispute over changes to the country’s legal system. One such proposal under consideration is the elimination of the court’s “reasonability” test when reviewing government decisions.

Critics claim that the various changes would place too much power in the hands of the government and weaken the Supreme Court. Proponents say they would correct a power imbalance between the executive and judicial branches.

Netanyahu will now have to decide whether to abide by the court ruling and fire his key ally, Deri or take the dispute with the judicial system up a notch and defy it.

The leaders of the parties in the ruling coalition criticized the ruling as a blow to voters after the November 1 election.

In a statement, they vowed to act “in any legal way that is available to us and without delay to correct the injustice and the severe damage caused to the democratic choice and the sovereignty of the people.”

Dr. Amir Fuchs, Senior Researcher at the Israel Democracy Institute, a Jerusalem think tank, stated that Netanyahu is unlikely to ignore the ruling because then he’d be in contempt of court and there is no appeal for a Supreme Court decision.

“I am sure that he will abide by the ruling. It doesn’t mean that he will respect the ruling. What will probably happen is that they will do very quick legislation that will enable him to appoint Deri again.”
Dr. Amir Fuchs

It is not clear as to whether the proposed legal changes, including a plan to allow lawmakers to overrule Supreme Court decisions, could be applied to Deri’s case.

Court Ruling Poses Troublesome Consequences For Netanyahu’s Coalition

The ruling carries potentially troublesome consequences for Netanyahu’s coalition. Some Shas members have urged Netanyahu to find a solution that would grant Deri the title they say he deserves as Head of a mid-sized party.

Otherwise, the party could boycott the coalition, which would shrink Netanyahu’s 64-seat majority by 11 seats in the 120-member Knesset.

Public opinion polls have shown most Israelis oppose Deri serving as a Government Minister.

Still, the Deri ruling is only expected to deepen the divide over the legal overhaul. It will be seen by both camps as an affirmation of their views: either that the courts, in determining who can be a Cabinet minister, have too much power, or that judicial oversight can hold back legislators from questionable laws.

Last month, Israeli legislators changed a law that prohibited a convict on probation from being a Cabinet minister. That cleared the way for Deri to join the government but prompted the Supreme Court challenge.

Opposition leader Yair Lapid opined that if Deri is not fired, “Israel will enter an unprecedented constitutional crisis and it will no longer be a democracy and will not be a law-abiding state.”