Defense for Children International – Palestine v. Biden

Defense for Children International – Palestine v. Biden is a US federal court case filed in 2023 against the Biden administration for its alleged "failure to prevent and complicity in the unfolding genocide against Gaza". Representing Defence for Children International – Palestine, Al-Haq, and several Palestinian Americans whose families have been killed, the Center for Constitutional Rights filed the lawsuit in the United States District Court for the Northern District of California against US President Joe Biden, Secretary of Defense Lloyd Austin, and Secretary of State Antony Blinken. The court dismissed the case on January 31, 2024, ruling that while "it is plausible that Israel's conduct amounts to genocide," US foreign policy was a political question, over which courts lacked jurisdiction. The dismissal was upheld on appeal.

Background

The Gaza war had seen high levels of civilian deaths in Gaza. The plaintiffs stated that, together, over 100 of their family members had been killed in Gaza. ==Outcome==

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, writing: The often cited precedent against jurisdiction of U.S. courts in this case was Corrie v. Caterpillar, Inc (2007). 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." The dismissal was affirmed on appeal to the United States Court of Appeals for the Ninth Circuit on July 15, 2024. ==See also==

Source: Wikipedia ↗

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