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May 4, 2020

It’s Not Up to the Israeli Supreme Court to Decide Who Will Be the Next Prime Minister

The people have already spoken.

The Jewish state’s High Court of Justice heard arguments yesterday about whether Prime Minister-designate Benjamin Netanyahu should be allowed to form a new government despite the fact that the attorney general intends to indict him on charges of corruption. Previously, the court asserted that it is empowered to issue such a ruling, even though no law prohibits an indicted politician from serving as prime minister. If the court concludes that he cannot serve, the near-inevitable result would be to render the most recent election, like the two that preceded it, inconclusive—meaning that a fourth would take place in the fall. In March, before the current coalition was formed, David M. Weinberg warned of the possibility of such an intervention. He has republished his column on the subject, as it is now even more relevant:

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