Israel’s Supreme Court on Friday overturned the Central Elections Committee’s decisions to bar the Ra’am party and the Joint List from competing in the October 27 Knesset election, while also allowing Hadash-Ta’al lawmaker Ofer Cassif to remain on the ballot.
At the same time, Sami Abu Shehadeh, chairman of the Balad party and a prominent figure on the Joint List, withdrew his individual candidacy after the nine-justice panel indicated that a majority was prepared to uphold his disqualification. The court therefore did not issue a final ruling on his individual candidacy.
The decisions followed appeals against the Central Elections Committee, which had voted last month to disqualify the Arab-led lists, Cassif and Abu Shehadeh.
Ra’am and Joint List Allowed to Run
The court unanimously rejected the attempt to bar Ra’am, headed by Mansour Abbas, and the Joint List, a coalition of Arab-majority parties, from participating in the election.
The justices ruled that the evidence presented to the Central Elections Committee did not meet the stringent legal standard required to prevent an entire political list from competing in a democratic election.
Under Israeli law, a party or candidate may be barred from running if it is found to have supported armed conflict against Israel, incited to racism or denied Israel’s existence as a Jewish and democratic state. The Supreme Court stressed that disqualification requires a substantial evidentiary basis under its established case law.
Cassif Cleared by a 7-2 Vote
The court also overturned the Central Elections Committee’s decision to disqualify Ofer Cassif, ruling by 7-2 that he could stand for election.
All nine judges expressed strong disapproval of statements and actions attributed to Cassif. However, the majority concluded that the evidence did not reach the required “critical mass” needed to establish legal grounds for disqualification.
Justices David Mintz and Alex Stein dissented, arguing that Cassif’s conduct met the threshold for barring him from the election.
Abu Shehadeh Withdraws
The most consequential development involved Sami Abu Shehadeh, who had been individually disqualified by the Central Elections Committee.
During Thursday’s hearing, Supreme Court President Isaac Amit informed Abu Shehadeh that a majority of the nine judges appeared ready to uphold the ban and recommended that he withdraw from the race.
Abu Shehadeh subsequently announced his withdrawal, making a final judicial ruling on his candidacy unnecessary.
The judges said they were unanimous in finding the statements at issue “painful,” “outrageous” and deeply disturbing.
Dispute Over October 7 Remarks
The case against Abu Shehadeh centered on an article he published on October 8, 2023, one day after Hamas’s October 7 attack.
According to the legal arguments presented to the court, the article described the events as an “important historical event.” The Central Elections Committee and supporters of the disqualification argued that the language amounted to support for Hamas’s armed attack.
Abu Shehadeh denied endorsing the attack and said during the court proceedings that he regretted publishing the article.
Reuters reported that he characterized the court's position as evidence of what he sees as unequal legal standards for Jewish and Arab politicians, arguing that the political space available to Israel’s Arab-Palestinian minority is becoming narrower.
Balad Says Abu Shehadeh Will Remain Party Leader
Although Abu Shehadeh has withdrawn from the election, Balad said he would remain the party’s chairman.
The party described the withdrawal as part of a continuing political struggle and said it would continue participating in the Joint List and campaigning for greater Arab representation in the Knesset.
The decision therefore removes Abu Shehadeh personally from the ballot but does not remove Balad or the Joint List from the election.
Political Reactions
The court ruling immediately triggered sharply different political responses.
National Security Minister Itamar Ben Gvir, who had personally supported Abu Shehadeh’s disqualification, celebrated his withdrawal and said that his political camp had succeeded in keeping what he described as supporters of terrorism out of the Knesset.
Opposition figures and Arab political representatives, meanwhile, criticized the proceedings and argued that different standards were being applied to Arab and Jewish politicians.
The debate is likely to continue during the final weeks of the election campaign, particularly over the legal threshold for disqualifying candidates and parties and the balance between democratic participation and restrictions imposed on those deemed to support violence or undermine the state.
What the Ruling Means for the Election
The Supreme Court's decision leaves Ra’am and the Joint List on the ballot, while Ofer Cassif will also be able to compete.
Abu Shehadeh, however, will not be a candidate after voluntarily withdrawing following the judges’ indication that they were prepared to uphold his disqualification.
The outcome represents a mixed ruling rather than a blanket decision regarding Arab political participation: the court rejected the disqualification of entire Arab party lists and of Cassif, while effectively clearing the way for Abu Shehadeh’s individual exclusion after his withdrawal.
With Israel’s election scheduled for October 27, the ruling removes one of the most contentious legal battles from the ballot while leaving the broader political debate over Arab representation, freedom of expression and the limits of democratic participation unresolved.
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