The 9th Circuit Court of Appeals in San Francisco is currently hearing an expedited appeal in a federal lawsuit accusing senior Biden administration officials of failing to prevent Israel's U.S.-backed genocide in Gaza. The lawsuit, filed by the Center for Constitutional Rights, seeks to force the U.S. administration to stop providing further arms, money, and diplomatic support to Israel. The case names U.S. President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin as defendants. The suit was dismissed earlier this year by a U.S. District Judge, who acknowledged that the current treatment of Palestinians in Gaza may constitute a genocide in violation of international law. The International Court of Justice is also currently considering a genocide case against Israel brought by South Africa and backed by more than 30 nations and regional blocs. The Biden administration has provided Israel with billions of dollars in aid and arms and ammunition. The U.S. courts have an opportunity to hold the Biden administration accountable for its role in the genocide of Palestinians. [d8182043] [cc14a36d] [b598bedf] [3c0889e3] [158a92b7]
A lawsuit accusing U.S. President Joe Biden and some of his top officials of complicity in genocide had its latest hearing this week after being dismissed earlier in the year. The lawsuit, Defense for Children International – Palestine v. Biden, was filed on November 13, 2023, by the Center for Constitutional Rights (CCR) on behalf of Palestinian human rights organizations Defense for Children International – Palestine (DCI-P) and Al-Haq, as well as three Palestinian individuals who live in Gaza and five Palestinian Americans who have family in Gaza. The plaintiffs allege that Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin are engaging in complicity in genocide and failure to prevent genocide in violation of the Genocide Convention and customary international law. They are asking the court to issue an injunction preventing the Biden administration from sending money and weapons to Israel and from obstructing international efforts to implement a ceasefire in Gaza. They also want the court to order the Biden administration to exert influence over Israel to end its bombing of Gaza, lift the siege of Gaza, and prevent the forcible transfer and expulsion of Palestinians from Gaza. In an earlier hearing, U.S. District Judge Jeffrey White characterized the testimony he heard from the Palestinian and Palestinian American plaintiffs as "truly horrific, gut-wrenching, no words to describe it." However, the case was dismissed based on the "political question" doctrine, which reserves foreign policy decisions to the political branches of government. The plaintiffs argue that the court can make a finding of complicity in genocide and failure to prevent genocide without making a foreign policy decision. The Genocide Convention defines genocide as acts committed "with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group." The plaintiffs argue that the ongoing military siege in Gaza is intended to eradicate a whole people and that the evidence and testimony indicate a plausible case of genocide. The three-judge panel in the latest hearing appeared unmoved by the plaintiffs' arguments, with one judge expressing concern about second-guessing U.S. ally Israel and another worried about the court condemning the foreign policy choices of the political branch. The Center for Constitutional Rights hopes that the Ninth Circuit will issue a decision in the next couple of months. If the panel rules against the plaintiffs, they may ask the entire appeals court to hear the case, and if that petition is denied, they can file a petition for certiorari in the U.S. Supreme Court. [2c620bd3]