Israeli Supreme Court Overturns Arab Party Bans; Balad Leader Withdraws

Sami Abu Shehadeh, chairman of Balad and a candidate on the Joint List, withdrew from the October 27 election on Friday after the Supreme Court signaled it would approve his disqualification.

The court nevertheless cleared the Joint List, Ra'am, and MK Ofer Cassif to run, overturning the Central Elections Committee's three other disqualification decisions. Abu Shehadeh was the only target ultimately removed from the ballot. The Supreme Court justices ruled unanimously on Friday to undo the Central Elections Committee’s disqualification of the two main Arab-majority political lists: Ra’am (United Arab List) and the Joint List (an alliance of Hadash, Ta’al, and Balad).

The court also voted 7-2 to reinstate Ofer Cassif, a Jewish member of the Knesset from the Hadash party. Two dissenting justices argued Cassif supports armed struggle against the state of Israel. The Central Elections Committee had voted last week to bar Abu Shehadeh and Cassif, and to exclude Ra'am and the Joint List. Otzma Yehudit and Likud brought applications against Abu Shehadeh, Cassif, and the Joint List, while three applications against Ra'am were submitted by Otzma Yehudit, Likud, and the Choosing Life Forum.

The Supreme Court convened on Thursday to consider all four cases. The court advised Abu Shehadeh to withdraw, indicating a majority of its nine-justice panel appeared prepared to approve his disqualification. Balad stated that a court-ordered removal would have grave consequences for the country's political and parliamentary life. At the heart of the cases was Section 7A of Basic Law: The Knesset, which allows barring candidates or lists for denying Israel's existence as a Jewish and democratic state, inciting racism, or supporting armed struggle by an enemy state or terrorist organization.

Supreme Court precedent reserves disqualification for extreme cases with clear, convincing, and unequivocal evidence. In Abu Shehadeh's case, 30 committee representatives voted to disqualify him, with four opposed. Committee chairman Justice Noam Sohlberg also voted in favor, making the tally 31-4.