Following President Reuven Rivlin’s decision on Sunday not to extend Blue and White Leader Benny Gantz’s mandate to assemble a coalition, Benjamin Netanyahu’s detractors petitioned the Supreme Court to deny the prime minister the opportunity to form a government.

The petition argued that a prime minister facing indictment should not be allowed to serve. According to Israeli law, it is permitted.

On Sunday, the Supreme Court held that it could not rule on the petition because Rivlin has not yet tasked Netanyahu with forming a coalition, making any decision at this stage premature. It’s the third time the court has rejected such a petition.

The court added that the petition can be refiled if Rivlin hands the mandate to Netanyahu. That’s what worries Netanyahu.

Hebrew media reported on Sunday night that Netanyahu demanded that a provision be included in the unity talks for an override clause that would give the parliament power to reverse any High Court ruling preventing him from serving as prime minister.

It supports earlier rumors that the talks were held up less because of judicial appointments, as had been reported, but because of Netanyahu’s fear that the moment he inked a deal with Gantz he’d be ejected by the Supreme Court.