Supreme Court justices claim that their Sept. 12 decision to overturn the amendment to the Recruitment law, passed by this government in 2015, was intended to force new legislation that would treat Israeli citizens more equitably. In fact, according to the Israel Defense Forces' (IDF) assessment, it will actually hinder the dramatic growth in the number of ultra-Orthodox men who enlist. The reason is that the increase in drafting numbers stems from understandings between the army and the ultra-Orthodox leaders, which are based on a conciliatory mood within the ultra-Orthodox sector (as the law no longer forces them to draft). The new ruling revives the sense of persecution within the sector, strengthening the extremists who object to integration into Israeli society in general, and an army draft in particular.

A panel of nine judges ruled 8-1 that the Knesset must repeal the amendment within a year. The amendment allows yeshiva students to extend their exemption up to 2023, effectively releasing them from compulsory military duty. According to the justices, the amendment was unconstitutional. Justice Elyakim Rubinstein wrote, "Military service in the Israel Defense Forces is exactly what the name implies. It is a defense force, defending all of us, and not some default choice for people forced into it by the powers that be. As long as the current saga continues, laws will come and go, while the bitter feeling of inequality continues."

Obviously, the ruling elicited harsh responses from ultra-Orthodox representatives. Health Minister Yaakov Litzman accused the Supreme Court of trying to bring down the government and said that it has become necessary to pass legislation to limit the court's power. Deputy Minister Meir Porush compared the Supreme Court's ruling to nothing less than a military putsch.

Ultra-Orthodox politicians are now planning to respond on two fronts: They plan to come up with a new amendment to the Recruitment law, which would prevent forcing the ultra-Orthodox to enlist, but which would still be ruled acceptable by the Supreme Court, and they plan to pass legislation that would limit the power of the Supreme Court to overturn Knesset legislation. While Defense Minister Avigdor Liberman is expected to oppose the proposed amendment, he will throw all his political weight into supporting the legislation to limit the court's power. One day after the ruling, Liberman said that while he supports the recruitment of ultra-Orthodox men, the way that the Supreme Court is ruling on issues that are not of its concern is absurd, and the Basic Laws determining the scope of its authority should be re-examined.