Скачать или смотреть Palestine v. Biden: Federal Appeals Court Post-Hearing Press Conference (DCIP v. Biden)

At a hearing in January that included historic testimony from Palestinians, plaintiffs’ attorneys argued U.S. officials were enabling genocide by providing support for Israel’s assault on Gaza. Federal Judge Jeffery S. White largely endorsed their factual case; his finding of a plausible case of genocide echoed the historic ruling by the International Court of Justice (ICJ). Judge White, however, dismissed the case on jurisdictional grounds, invoking the political question doctrine. Government lawyers cite that doctrine in their appeal brief, arguing that “foreign policy” decisions – even a decision to enable genocide – are not subject to judicial review.

In their brief, plaintiffs’ attorneys counter that the political question doctrine, applied properly, excludes only cases that challenge the wisdom of foreign policy decisions – not those that challenge their legality.