A lawsuit appealing the US administration’s support for Israel’s war in Gaza was heard in a federal appeals court in San Francisco this week. The case, Defense for Children International-Palestine v. Biden, involves Palestinian-Americans seeking justice for their families affected by the conflict, which has been described by some as genocide. Despite the Biden administration’s rejection of this characterization, the families are pursuing legal action in the US system.
The hearing focused on the political question doctrine, which addresses the balance of power between the executive and judiciary branches in foreign affairs. The plaintiffs, represented by attorney Katherine Gallagher, argue that the judiciary must hold the executive accountable for violating legal obligations in situations of genocide.
On the other hand, the US government, represented by attorney Max Baldi, maintains that courts lack jurisdiction in foreign affairs decisions. The outcome of this case will have significant implications for the relationship between the branches of government and could set a precedent for future cases.
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