High Court fires back in Second Authority case: 'Elected officials must act according to law'

The High Court of Justice delivered a concise warning to the government on Tuesday in the Second Authority for Television and Radio matter: elected officials who disregard court rulings expose themselves to civil lawsuits.

Supreme Court President Isaac Amit along with Justices Alex Stein and Ruth Ronnen issued the decision. The panel declined to grant fresh interim relief or rule on the core petitions, instead emphasizing a return to fundamental principles under the present circumstances.

The justices referenced a 2008 High Court precedent on the obligation to honor judicial decisions.

Compliance with and respect for court judgments form basic conditions for the rule of law in a democratic state, the panel quoted. Absent such adherence, the rule of law weakens, social order erodes, and the gap between lawful governance and anarchy narrows to a hair's breadth.

The court reiterated the earlier ruling's distinction between a private citizen who defies a judicial order and a state authority that does the same.

Citizen noncompliance seriously damages the rule of law, the decision noted. Noncompliance by a state authority is graver still.

A state authority that selectively follows judicial orders while ignoring others plants seeds of disaster and anarchy while promoting a culture of power and arbitrariness, the panel continued.

Elected officials, public employees, required to act according to law

The decision also cited a 2025 ruling by Deputy President Noam Sohlberg before applying these principles to the current dispute.

These basic principles govern both elected officials and public employees, all of whom must operate within the law, the decision stated.

The panel drew a sharper line regarding public employees, cautioning that those who act against court rulings may forfeit the usual legal immunity shielding them from personal damage suits. Such protection should not extend to actions that contradict judicial decisions.

The ruling followed the cabinet's unanimous Sunday declaration that it would not recognize decisions, approvals, appointments, or actions by the outgoing Second Authority Council, which the government viewed as lacking the required statutory quorum.

This declaration came after the High Court's June 17 interim order that froze the government's March appointments of a replacement council and directed the outgoing council to continue serving until a final decision on the petitions.

Attorney-General objects to cabinet's resolution

The government has insisted the outgoing council lacks the necessary quorum. Attorney-General Gali Baharav-Miara informed the court that the cabinet resolution represented another serious effort to obstruct judicial decisions and pressure those inclined to follow them.

Government Secretary Yossi Fuchs rejected claims that the cabinet urged noncompliance, instead framing the resolution as pointed criticism of a ruling the government sees as contrary to the law's clear text. He indicated the government would pursue further legal steps to challenge it.

The court's decision responded to update notices submitted by the Attorney-General's Office and the Journalists Association.