The High Court of Justice on Wednesday issued a show-cause order requiring Prime Minister Benjamin Netanyahu to explain why he should not dismiss National Security Minister Itamar Ben-Gvir over allegations of improperly interfering in police operations.
In a highly significant procedural step, the justices expanded the panel hearing the case from five to nine judges, reflecting what they called the “weight and complexity” of the issues at stake. A hearing was set for March 24, and the court ordered Netanyahu and Ben-Gvir to submit written responses by March 10.
The court’s order means the petitions calling for Ben-Gvir’s removal have cleared a major hurdle. Netanyahu must now persuade the justices that the minister should remain in office.
Ben-Gvir reacted angrily on X, writing: “You have no authority. There will be no coup.”
The petitions stem from a legal opinion issued Jan. 1 by Attorney General Gali Baharav‑Miara, who argued that Ben-Gvir has repeatedly abused his authority by intervening in sensitive police matters and undermining the force’s independence. She urged the court to require Netanyahu to justify why he has not fired the minister.
Baharav‑Miara accused Ben-Gvir of systematically exceeding his legal powers, issuing operational directives to police commanders — something ministers are prohibited from doing — and turning the police into a politicized body. She said the government could no longer shield the public from the harm caused by his conduct.
Ben-Gvir dismissed her at the time, calling her “a criminal” and saying, “I don’t recognize your authority.”
The attorney general noted that in April last year she reached a compromise with Ben-Gvir that limited his involvement in policing, barring him from involvement in protests, from interviewing officers and from directing operational activity. She now says he has repeatedly violated that agreement, rendering it meaningless.
Coalition leaders have urged Netanyahu to defy the court if it orders Ben-Gvir’s dismissal, accusing Baharav‑Miara of attempting a “coup against democracy.” In a letter last month, they said: “We will stand as a wall against the baseless removal of a government minister.”
The court originally planned to hear the petitions Jan. 15 but postponed the session because Netanyahu had not submitted a substantive response. At that point, it expanded the panel to five judges; Tuesday’s decision added four more.
The case could reshape the legal precedent governing when a prime minister must dismiss a minister for misconduct — known as the Deri‑Pinhasi doctrine — and potentially broaden judicial oversight over Cabinet appointments.
The current court is more divided than in past years between activist and conservative judges, meaning the outcome may hinge on centrist justices such as Yael Wilner and Yechiel Kasher.
On Monday night, Ben-Gvir’s lawyer, David Peter, asked the court not to issue the order, arguing that it has no authority to compel a prime minister to fire a minister. He said there is “no precedent in any known democracy” for a court‑ordered dismissal of a sitting minister without criminal charges, and warned that even considering such an order would be an “unprecedented power grab.”