JERUSALEM — The High Court of Justice heard arguments on Sunday in Jerusalem concerning a law that changes the composition and voting rules of the Judicial Selection Committee. All 11 sitting Supreme Court justices participated in the hearing, which addressed six consolidated petitions seeking to strike down the amendment to Basic Law: The Judiciary and the Courts Law.

The court issued a conditional order, shifting the burden to the Knesset and government to explain why the amendment should remain in force. Petitioners and Attorney-General Gali Baharav-Miara contend that the amendment severely harms judicial independence and the separation of powers. The Knesset passed the amendment in March 2025, and it is due to take effect in the next Knesset.

The previous nine-member Judicial Selection Committee included three Supreme Court justices, two Israel Bar Association representatives, two ministers, and two Members of Knesset. The new law removes the Israel Bar Association representatives and replaces them with two public representatives who are lawyers qualified to serve on the Supreme Court. One new public representative is selected by the coalition and one by the opposition. Under the new law, Supreme Court appointments no longer require a seven-member supermajority and can be made with agreement between coalition and opposition representatives, even without the support of any judges on the committee. Petitioners state this new structure creates an effective political majority of six members compared with three judges.

Supreme Court President Isaac Amit stated the legislation introduced a change to the method of selecting judges after decades. Amit urged the parties to focus on whether the amendment violates the core democratic principle of an independent judiciary. He said, "Within a year of the next Knesset being elected, two judges could be selected with 'chosen by the coalition' and 'chosen by the opposition' written on their foreheads." Amit added, "Over 15 years, the benches of the Supreme Court will be filled by judges selected only by political actors." Amit asked, "Will there be a political chip implanted in every judge who is selected?" and "Does that not harm the democratic system Israel has known for nearly 80 years?"

Justice Dafna Barak-Erez said the law was already influencing the current situation before its effective date. She said, "Anyone with eyes in their head can understand: let us wait a little longer, in a few months the law will come into force, so why appoint Supreme Court justices now?" Barak-Erez said, "This is a radical solution." She added, "This is a reality that is already being shaped today."

Justice Yael Willner warned that a deadlock-breaking mechanism could result in Supreme Court judges being selected without a full committee vote. This mechanism allows the coalition and opposition representatives to each submit candidates after a prolonged failure to appoint Supreme Court justices.