The Devastating Decision of the Israel Supreme Court Yesterday


17 Sivan 5780

9 June 2020

 

 

Photo From Last Night

Another night of PLO flag waving in Tel Aviv-Yaffo (photo credit on photo "yaffa4".

Another night of PLO flag waving in Tel Aviv-Yaffo (photo credit on photo “yaffa4”.

Not just flag waving, but full-scale riots with buses stoned and fires set: such was last night in Yaffo. With a Black Lives Matter “protest” coming tonight, we can expect more of the same.

Quote of the Day:

“The protests against annexation are not the main thing. Our principle struggle is against the Zionist colonialism of 1948.”

Orly Noy, Director of B’Tselem

So the cat is finally out of the bag.

What was the supposed “Zionist colonialism of 1948”? 

The creation of the modern state of Israel. 

 

The News on the Israeli Street

The daily Corona update . . .

*9 am Wednesday: There are now 18,268 confirmed cases of Corona in Israel of whom 15,168 have recovered.  24 Israelis are on ventilators. 299 Israelis have died.

*Health Minister Yuli Edelstein summed up the Corona problem in Israel this way yesterday:

“There is no difference between enforcing traffic laws and enforcing the Corona. Anyone who walks without a mask is like one who is traveling at 160 mph. In 2019, 349 people were killed in road accidents. In the last three months, 298 people have died of Corona and more than 18,000 have fallen ill. . . The State of Israel has returned to normal very quickly. There has been no strict observance and therefore the results are expected. The increase in morbidity becomes a worrying and dramatic event . . . Ignoring the guidelines and disregarding the guidelines have changed the positive trend.”

Palestinian terror in the last 24 hours . . .

The scene at Itamar last night as a Palestinian terrorist is captured.

The scene at Itamar last night as a Palestinian terrorist is captured.

What began as a routine security check last night ended in the capture of a Palestinian terrorist and the thwarting of a possible massacre. As troops were making their rounds, they spotted the above terrorist attempting to cut his way through the Itamar security fence. The terrorist then tried to attack the soldiers with a knife.

This sequence of events took place fewer than 100 meters from the site of the horrific Fogel family massacre on March 11, 2011.

The Fogel family--all viciously stabbed to death by the Awads.Photo courtesy of the Itamar community.

The Fogel family–all viciously stabbed to death by the Awads.Photo courtesy of the Itamar community.


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Lest we forget, two Palestinian terrorists armed with knives butchered 5 members of the family: Udi and Ruth Fogel and three of their six children: Yoav (11), Elad (4), and Hadas (3 months old).

Hadas’s head was cut off by the terrorists.

 

TODAY’S BLOG:

The Devastating Decision of the Supreme Court Yesterday

To no one’s surprise, the Israel Supreme Court once again sided with the Palestinians yesterday and ruled (despite the fact that Israel has no Constitution) that the “Regulation Law” is unconstitutional. The vote in the Court was 8-1.

To refresh your memory, the Regulation Law was a law which passed the Knesset in February, 2017 that sought to “regulate” (aka legalize) between 2000-4000 residences in 16 Jewish communities in Judea and Samaria which were supposedly built on “private Palestinian land.”

According to the law, the land remained under the ownership of the Palestinians involved. However, the owners were compensated at a rate of 125% the value of the land involved or given alternate lands elsewhere in the vicinity. The decision of the Court yesterday does not make clear what will happen to monies paid to those who wanted financial compensation or lands that were given in exchange.

In issuing the decision, Supreme Court President Esther Hayut gave us this legalese mumbo jumbo: 

“In terms of the result, there is discrimination between Israeli and Palestinian residents regarding the regulation of illegal construction in the area, even though it is not possible to point to relevant difference in this context between the populations in these communities. Therefore, we can determine that the Regulation Law violates the constitutional right to equality and respect for the residents of the Palestinian region.”

Say what? We can determine that Palestinians are discriminated against and their rights are violated even though it is not possible to point out relevant differences between how the Palestinian and Israeli populations are treated?

What utter nonsense.

The reactions to the Court ruling were predictable.

While the Israeli “left” rejoiced, the Likud Party released this statement: “It is unfortunate that the Supreme Court intervened and struck down a law which was important for the settlements and for the future. We will work to re-enact the law. “

Yuli Edelstein, who was Speaker of the Knesset when the Regulation Law was passed had this to say: “The Supreme Court has lost it. It declares itself the legislature, executive, and judiciary all at the same time. We must put an end to this. The way to do it is through passing the Overrule Clause. If the High Court does not recognize its limitations then the Knesset must set the restrictions.”

The Regavim movement, which monitors illegal Palestinian construction in Area C and whose petitions against such illegal construction are regularly tossed out by the Court, blasted the decision:  “We congratulate the Supreme Court for finally removing its mask and abandoning its pretense of impartiality. Just last week, the Justices of the High Court urged the state to regulate widespread illegal Arab settlement in Mount Hebron and the Negev by taking steps that include retroactive approval of thousands of illegally-built homes and expropriation of Jewish-owned private land. The Justices stressed that ‘the High Court does not run the country. Today’s Supreme Court decision ruled against the self-evident authority of the legislative branch to formulate and implement legal, decent and moral solutions to specific legal issues surrounding the settlement enterprise in Judea and Samaria. Today, at last, the Supreme Court has admitted that for all practical purposes it is a Supreme Court of Subjective Justice. “

All of which is absolutely true, but perhaps misses the larger picture.

The ruling means that any attempt by the Israel government to declare sovereignty over the Jewish communities and Jordan Valley in Area C–or to annex them–will result in a ruling by the Court that such a move or moves is “unconstitutional.”

Unless the Knesset can pass an “overrule law” as Edelstein suggested, any attempt at sovereignty or annexation is doomed to failure. 

This entry was posted in News and tagged 349 people were killed in road accidents, b'tselem, black lives matter, Edelstein, elad, fogel family, hadas, Ignoring the guidelines and disregarding the guidelines have changed the positive trend, itamar, likud, Our principle struggle is against the Zionist colonialism of 1948, palestinian flags, plo, regavim, regulation law, riots, ruth, security fence, state of israel, tel aviv, the cat is finally out of the bag, the Regulation Law violates the constitutional right to equality and respect for the residents of the Palestinian region, udi, yaffo, yoav. Bookmark the permalink.

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