The Supreme Court (High Court of Justice) has made a decision regarding petitions demanding the establishment of a state inquiry commission to investigate the October 7th failure. According to the decision, the government will submit an update concerning the establishment of an inquiry committee only after the elections, by January 15th. This decision is based on a proposal made in April, wherein the Supreme Court justices suggested avoiding an immediate ruling and allowing the public to express its stance on the matter on election day. The justices believed that a decision on the issue could be "much better received by public opinion" after the public has had the opportunity to vote. The Attorney General, Gali Baharav-Miara, and the government joined the position that the decision should be postponed, albeit for different reasons.
During a hearing in April, the justices, including the Deputy President of the Supreme Court Noam Sohlberg, expressed their view that there are "very heavy prices for a judicial order," and asked, "Perhaps if election season has arrived and we so strongly desire public trust in such a committee, is the ideal time to leave the task to the government that will be in office after the elections?" Justice Ofer Grosskopf added, "The question of whether to establish an inquiry committee – it might be that in the government there are political elements who do not think it should be investigated, and if that is their position, perhaps the public should decide." Justice Yael Vilner also supported this, stating, "I wouldn't say just leave it to the government, I would say leave it to the public in the elections."
In July, the government submitted its position to the Supreme Court, stating that no committee had been established and that the court should refrain from intervening in the matter, with a decision to be made after the elections. The government noted that "unfortunately, due to the Knesset's schedule constraints, the Knesset was unable to complete the legislative proceedings for the bill in its second and third readings before its recess for elections." It was also argued that "the manner of investigating the events that are the subject of these petitions is at the heart of a political dispute between the parties competing in the elections. In these circumstances, it is not appropriate for the honorable court to rule on this issue or intervene in it at this stage."
In August, the Attorney General first expressed a position that the Supreme Court should postpone its ruling on the petitions until after the elections. Baharav-Miara emphasized that during election periods, the government is a "caretaker government" and is subject to "rules of legal restraint," therefore, the next government should be allowed to decide on the matter and avoid a judgment at this time. In her response to the Supreme Court, she stated, "Given that at this time the government has not made any decision, and bearing in mind that we are already in the midst of the election period for the Knesset, and in light of the principles of forbearance and restraint that apply to an outgoing government in exercising its powers, it is proposed to allow the next government to address the issue and make a decision on the matter."
According to the current decision, the next government will decide on the question of establishing an inquiry committee, and what type of committee it will be. Only after a decision is made by the next government will the Supreme Court examine its need to continue handling the issue.