Israel’s high court orders the army to draft ultra-Orthodox men
Law Journals
Israel’s Supreme Court on Tuesday ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
The historic ruling effectively puts an end to a decades-old system that granted ultra-Orthodox men broad exemptions from military service while maintaining mandatory enlistment for the country’s secular Jewish majority. The arrangement, deemed discriminatory by critics, has created a deep chasm in Israel’s Jewish majority over who should shoulder the burden of protecting the country.
The court struck down a law that codified exemptions in 2017, but repeated court extensions and government delaying tactics over a replacement dragged out a resolution for years. The court ruled that in the absence of a law, Israel’s compulsory military service applies to the ultra-Orthodox like any other citizen.
Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft, which is compulsory for most Jewish men and women, who serve three and two years respectively as well as reserve duty until around age 40.
These exemptions have long been a source of anger among the secular public, a divide that has widened during the eight-month-old war, as the military has called up tens of thousands of soldiers and says it needs all the manpower it can get. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack.
Politically powerful ultra-Orthodox parties, key partners in Netanyahu’s governing coalition, oppose any change to the current system. If the exemptions are ended, they could bolt the coalition, causing the government to collapse and likely leading to new elections at a time when its popularity has dropped.
In the current environment, Netanyahu could have a hard time delaying the matter any further or passing laws to restore the exemptions. During arguments, government lawyers told the court that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.”
A statement from Netanyahu’s Likud party criticized the ruling, saying a bill in parliament backed by the Israeli leader would address the draft issue. Critics say it falls short of Israel’s wartime needs.
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In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.