In an unprecedented move, the Supreme Court issued a conditional order on Wednesday morning to Prime Minister Binyamin Netanyahu to explain why he hasn’t dismissed National Security Minister Itamar Ben-Gvir from his position.
The order was issued in response to four petitions from left-wing organizations challenging Ben Gvir’s continued tenure, which claim that he improperly interfered with police operations, including in appointment procedures and ongoing investigations.
Attorney General Gali Baharav-Miara supported the petitioners’ request for the issuance of a conditional order.
In an unusual move, the Supreme Court also decided to expand the panel hearing the petitions seeking Ben Gvir’s removal, which will now include nine justices — almost the full bench of the current Supreme Court.
Minister Ben Gvir responded to the Supreme Court’s decision, saying, “You have no authority. There will be no coup.”
Last Thursday, Ben Gvir submitted a request to the court, in which he demanded that it refrain from issuing a conditional order without first holding a hearing, arguing that the petitions lack any legal basis and that the court has no authority to compel a prime minister to dismiss a serving minister, especially in the absence of an indictment or a deficiency in the minister’s eligibility for the office.
He further argued that ordering the dismissal of a serving minister would set a dangerous and exceptional precedent, one that does not exist in recognized democracies, and that such a move would severely harm representative democracy and the sovereignty of the electorate.
The request submitted on Ben-Gvir’s behalf by his attorney, David Peter, emphasized that a comprehensive and detailed preliminary response had been provided on behalf of the minister, addressing every claim and even exposing serious misrepresentations by the Attorney General’s Office.
“Given the absence of any legal, factual, or jurisdictional basis, the court is asked to dismiss the petitions outright and refrain from considering the issuance of a conditional order,” the request stated. “Any attempt to issue such an order without a hearing would amount to an unprecedented legal ambush.”
The Attorney General, supported by left-wing organizations, has engaged in numerous efforts to remove Ben-Gvir from his position. When Ben-Gvir announced in March 2025 that his Otzma Yehudit party is returning to the government following the resumption of the war in Gaza, Baharav-Miara immediately announced that it is “illegal” for him to do so. Following her announcement, left-wing organizations filed petitions with the Supreme Court against his return to the government. However, after Baharav-Miara understood that the Supreme Court would not align with her position, she agreed to represent Ben-Gvir against the petitions at the Supreme Court in exchange for a limited reduction of his authority in his role.
At the time, Ben-Gvir’s associates said, “The Attorney General and the Supreme Court are acting against Ben-Gvir in a way that they have not acted against any other minister.”
Previously, Baharav-Miara tried to fabricate a criminal case against Ben-Gvir, and former Shin Bet chief Ronen Bar launched a secret probe against his office. Additionally, State Attorney Amit Aisman asked Baharav-Miara to launch a criminal investigation against Ben-Gvir for “inciting violence” against the residents of Gaza.
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