Three Supreme Court justices issued a conditional order on Monday blocking the government from closing Army Radio and requiring it to explain why its decision to shut down the controversial radio station should not be overturned, following petitions filed by several left-wing organizations.

The order was issued despite the fact that during last week’s hearing on the petitions, the judges were highly critical of the petitioners’ arguments from the start of the hearing.

Justice Alex Stein asked aloud, “Where is there any obligation at all to establish a committee in order to close Army Radio, given the broad authority of the minister of defense and the IDF chief of staff? This is a military unit—it’s not a public corporation.”

He later added another example: “Suppose the government decides to shut down the Nachal Reconnaissance Unit—what would be the problem? It’s authorized to do so.”

Justice Yechiel Kasher also expressed his doubts, telling the petitioners’ lawyers, “You’re essentially claiming that Army Radio has immunity. That’s a creative idea, but where do you even begin to establish it?”

Justice Daphne Barak-Erez told the petitioners’ lawyers, “Army Radio was not established by legislation, and you are arguing that it must be closed by legislation. You need to explain that.”

Justice Stein further argued the point, saying, “You need to show a law that elevates Army Radio to constitutional status. Where is such a law?”

Justice Stein again emphasized, “A minister has the authority to close a military unit such as the Nahal Reconnaissance Unit, but you claim he does not have the authority to close Army Radio. I find it hard to see the distinction. This is a military unit, and it is unclear where any obligation for a special procedure comes from.”

The order issued to the government can only be explained by judicial activism, considering that all three justices on the panel made it clear that the government has the authority to close Army Radio and no legislation was required.

National Security Minister Itamar Ben Gvir responded to the Supreme Court’s decision, saying: “Once again, the Court intervenes in the decisions of a democratically elected government and acts as a political body instead of a judicial authority.”

“A conditional order against the closure of Army Radio is yet another step down the dangerous path of trampling the will of the voters and turning the court into a judicial dictatorship. Government policy is determined at the ballot box, not in the halls of the Supreme Court.”

(YWN Israel Desk—Jerusalem)