Defense for Children International-Palestine et al v. Biden et al
Defense for Children International-Palestine et al v. Biden et al | |
---|---|
Court | United States District Court for the Northern District of California |
Decided | dismissed on 31 January 2024 |
Docket nos. | 4:23-cv-05829-JSW [1] |
Court membership | |
Judge(s) sitting | Jeffrey White |
Defense for Children International-Palestine et al v. Biden et al is a lawsuit by
Background
The
The plaintiffs' families have been severely affected by hostilities in Gaza. Together, the plaintiffs counted over 100 family members killed in Gaza.
Case timeline
The Center for Constitutional Rights filed the case for the plaintiffs on November 13th, 2023. The preliminary injunction hearing took place on January 26, 2024.[5]
Outcome
On 31 January 2024, the case was dismissed. The judge ruled that the court lacked jurisdiction over US foreign policy due to the U.S. Constitution's political question doctrine, but that he would have preferred to have issued the injunction and urged President Biden to rethink U.S. policy,[6][7] writing:[8]: 8
There are rare cases in which the preferred outcome is inaccessible to the Court. This is one of those cases. The Court is bound by precedent and the division of our coordinate branches of government to abstain from exercising jurisdiction in this matter. Yet, as the ICJ has found, it is plausible that Israel’s conduct amounts to genocide. This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.
The often cited precedent against jurisdiction of U.S. courts in this case was Corrie v. Caterpillar, Inc (2007).[14][15]
As reason to not apply the U.S. statutes in regard to the Genocide Convention on the actions of the U.S. government, the court relied on the political question doctrine and cited the reasoning in Corrie v. Caterpillar, Inc: "Whether to grant military or other aid to a foreign nation is a political decision inherently entangled with the conduct of foreign relations."[8]: 7
See also
- CCR lawsuit against Joe Biden
- South Africa v. Israel (Genocide Convention)
References
- ^ a b "Defense for Children International-Palestine et al v. Biden et al". Justia Dockets & Filings. Retrieved 14 January 2024.
- ^ "Center for Constitutional Rights' (CCR) complaint" (PDF). CCRjustice.org. Retrieved 14 January 2024.
- ^ McGreal, Chris (13 November 2023). "US rights group sues Biden for alleged 'failure to prevent genocide' in Gaza". The Guardian. Retrieved 14 January 2024.
- ^ "US rights group sues Biden for alleged 'failure to prevent genocide' in Gaza". Center for Constitutional Rights. Retrieved 14 January 2024.
- ^ a b c d "Defense for Children International - Palestine v. Biden". Center for Constitutional Rights. Retrieved 14 January 2024.
- ^ a b Hubler, Shawn (February 1, 2024). "A federal judge dismisses a suit to block U.S. support of Israel — but urges Biden to re-examine his approach". The New York Times. Archived from the original on 2024-02-01.
- ^ a b Pazanowski, Bernie; Thomsen, Jacqueline (2024-02-01). "Israeli Military Aid Package Not Reviewable by Federal Court". Bloomberg Law. Retrieved 2024-02-02.
- ^ a b c "Order Granting Motion to Dismiss and Denying Motion for Preliminary Injunction" (PDF). United States District Court for the Northern District of California, Case 4:23-cv-05829-JSW, Document 91. 2024-01-31. pp. 1–9. Retrieved 2024-02-02 – via Courthouse News Service.
- ^ "Daily death rate in Gaza higher than any other major 21st Century conflict - Oxfam". Oxfam International. 11 January 2024. Retrieved 14 January 2024.
- ^ "United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory | Hostilities in the Gaza Strip and Israel - reported impact | Day 97". United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory. 12 January 2024. Retrieved 14 January 2024.
- ^ "Brief of Amicus Curiae Jewish Voice for Peace" (PDF). CCRJ. Retrieved 14 January 2024.
- ^ "Josh Paul Declaration" (PDF). Retrieved 14 January 2024.
- ^ "New Filings in Gaza Genocide Lawsuit: Palestinians Refute Biden Admin Arguments That Court Cannot Review Its Role in Furthering Israel's Genocide". Center for Constitutional Rights. Retrieved 14 January 2024.
- ^ Corrie et al. v. Caterpillar
- ^ CORRIE V CATERPILLAR, INC., No. 05-36210 (9th Cir. 2007)