Cabinet Secretary Yossi Fuchs sharply criticized the High Court of Justice on Wednesday as it moved closer to challenging the position of National Security Minister Itamar Ben-Gvir, saying a court order forcing Prime Minister Benjamin Netanyahu to explain why he has not fired the controversial minister would amount to an “unlawful order.”
Fuchs, speaking at an administrative conference in the southern resort of Eilat, warned that judges risk overstepping their authority if they compel Netanyahu to dismiss a minister who is not under criminal investigation and against whom no charges have been filed.
“If the court issues a ruling that requires a prime minister to fire a minister who is not the subject of a police investigation and has no indictment against him, then this is clearly an unlawful order,” Fuchssaid. He acknowledged the High Court had issued a show-cause order requiring Netanyahu to explain why he has not removed Ben-Gvir, who was elected by hundreds of thousands of voters. Fuchs said he did not believe the court “will cross that red line.”
In its decision, the nine‑judge panel, which was expanded this week due to the legal and constitutional weight of the matter, set a March 24 hearing and ordered written responses from both Netanyahu and Ben-Gvir by March 10.
The court’s move comes amid pressure from coalition lawmakers who have urged Netanyahu not to comply with any ruling ordering the dismissal of their Cabinet colleague. In expanding the judicial panel, the justices noted the complexity of the legal questions and the need for broader deliberation.
“You have no authority. There will be no coup!” Ben-Gvir responded Wednesday on X, accusing the court of trying not just to remove him but to “remove the people” by overturning the will of millions of voters.
Fuchs argued that strict separation of powers is fundamental to any democracy, asserting that courts have increasingly encroached on policy matters. “Over the years, there has been erosion of the voter’s ballot,” he said, adding that voters expect their choices to translate into policy.
Justice Minister Yariv Levin also criticized the judiciary, accusing the court’s activist judges of acting as if they “are the government, the Knesset, and now they want to replace the people,” with no legal basis. “Who fires ministers? The prime minister — and only the prime minister,” Levin said.
Last month, coalition leaders sent Netanyahu a letter attacking Attorney General Gali Baharav‑Miara, who first urged the court to intervene and require the prime minister to justify his decision not to dismiss Ben-Gvir. The coalition characterized her recommendation as an attempted “coup against democracy,” saying they would “stand as a wall” against the removal of a senior government minister.
The High Court had been scheduled to hear petitions challenging Ben-Gvir’s conduct on Jan. 15 but postponed that session after Netanyahu failed to submit a substantive response. At the time, the court expanded its panel to five judges; Tuesday’s decision grew the panel to nine.
Baharav‑Miara, in her opinion last month, said Ben-Gvir “abuses his position to improperly influence sensitive aspects of Israeli police work and undermine basic democratic principles.” In response at the time, Ben-Gvir lashed out, calling her “a criminal” and saying, “I don’t recognize your authority.”