Today, attorneys from the Center for Constitutional Rights and Van Der Hout LLP will present oral argument before a three-judge panel in Defense for Children International – Palestine v. Biden, a lawsuit brought by Palestinian human rights groups, Palestinians, and Palestinian-Americans against President Biden, Secretary Blinken, and Secretary Austin for failure to prevent and complicity in Israel’s genocide in Gaza. A press conference will follow the hearing.
Arguments
WHEN: June 10, 2024, 9 a.m.- 10 a.m.
WHERE:
- U.S. Court of Appeals Ninth Circuit
James Browning Courthouse, Courtroom One
95 7th Street, San Francisco - Watch live online HERE.
WHO: Attorneys from the Center for Constitutional Rights and Van Der Hout LLP on behalf of the following plaintiffs:
- Defense for Children International – Palestine
- Al-Haq
- Dr. Omar Al-Najjar
- Ahmed Abu Artema
- Mohammed Ahmed Abu Rokbeh
- Mohammad Monadel Herzallah
- Laila Elhaddad
- Waeil Elbhassi
- Basim Elkarra
- Ayman Nijim
Press Conference
WHEN: June 10, 2024, 11:30 a.m.
WHERE:
- Register for the online press conference HERE to get the link.
- There will be an opportunity for press on-site at the courthouse to speak with plaintiffs and the legal team.
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.
For more information and to view the most recent filings, see the Center for Constitutional Rights’ case page.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.
The San Francisco law firm of Van Der Hout LLP is co-counsel in the case.
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CONTACT: CAIR San Francisco Bay Area Communications Manager Lorrie Adam, ladam@cair.com, 408.498.5779