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That's not how the courts work here.
Where?
Well, let's see, the lawsuit was filed in the United States, in a US court, and under US laws.
So, obviously, I'm talking about Outer Mongolia.
I was going to guess Rabul. Oops.
How so? The article is about them having Amicus briefs with the court in the very real lawsuit against Biden and selected cabinet members.
I'm referring to the lawsuit itself. It may be "very real", but it's also complete nonsense.
US courts don't rule on political questions, nor do they decide US foreign policy, nor do they provide advisory opinions. This lawsuit fails to state a cognizable claim and seeks relief that is beyond the power of the judiciary to grant.
The courts can't force him to support Palestine, that's true. But they can enforce US laws against giving weapons and aid to war criminals. That seems to fall pretty neatly under "do everything possible to stop Israel".
Acting like this is above our laws is not going to help us or them.
Which US laws are you talking about?
The Leahy Act.
"The DoD Leahy law is similar to the State Leahy law. Since 1999, Congress included the DoD Leahy law in its annual appropriations act. The DoD Leahy law is now permanent in Section 362 of Title 10 of the U.S. Code. It requires that DoD-appropriated funds may not be used for any training, equipment, or other assistance for a foreign security force unit if the Secretary of Defense has credible information that such unit has committed a GVHR. The law allows for two exceptions to this restriction. The first in cases where the Secretary of Defense (after consultation with the Secretary of State) determines that the government of that country has taken all necessary corrective steps. This first exception is also known as “remediation.” A second exception exists if U.S. equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies."
I don't think that works. You'd still have a situation where the plaintiffs are asking the court to decide US foreign and defense policy.
No. That's the law as passed by Congress. Either it's enforceable or it isn't.
It's enforceable by Congress through their oversight and impeachment powers.
Sure. And it's also enforceable by a court order to the DOD stating they need to comply with the law.
Except what they ask for is beyond the power of the courts to grant.
No it isn't. Courts have forced the government to follow the law many times.
They have also declined to do so many times on the grounds I've pointed out.
Not every law-related complaint is justiciable, not just anyone can have standing, and there are some things that are the exclusive powers of the other two branches. The court can no more force the President to declare Israel a terrorist state than it can force Congress to declare war.
That's not out of the blue though. They need a basis for doing that. And this is pretty clear law. A ruling that leahy is unenforceable except by the executive themselves would be huge. And ridiculous.
A ruling that the court could dictate foreign policy would be bigger and more ridiculous.
The law is not being violated; it's being followed. The law delegates the power to declare foreign states terrorist supporters to the executive branch. The executive branch has declined to do so, and now Congress has declined to force the issue. The courts must defer to the executive's judgement here--even if that judgement is wrong.
This isn't foreign policy. Congress absolutely has the right to tell the President they can't give stuff to war criminals because it's our stuff. They have to sign off on treaties and arms sales. The Leahy law doesn't say if the executive feels like they're war criminals. It says, if there's credible accusations.
You think we have a king. We do not.
It's a policy that pertains to how the US relates to a foreign government. If that's not foreign policy, nothing is. Plus, have you read the lawsuit? It wants the court to order the president to "influence" Israel. Influencing a foreign government is smack dab in the middle of the president's authority.
Yes. And they have declined to do so.
It says the Secretary of State shall make that determination. Secretary of State is part of the executive branch.
That's obviously not what I think.
sigh I don't know what else to say and I'm done wasting my time. Your political belief is that Israel ought to be declared a terrorist state? Fine. But that doesn't change my legal analysis that this lawsuit is DOA.
Hilarious. We passed a law to stop exactly this and you think we're not allowed to use it. So it's your legal analysis that the President is allowed to just do whatever they want?
Congress has weighed in.
https://theintercept.com/2024/01/16/senate-israel-human-rights-condition-aid/
So this lawsuit is even deader now than it was yesterday.
Lmao. Those are different issues. This is still about respecting an existing law. A law that the DOD and State Department abide by for every other country we give aid to.
Trying to force a report to Congress ain't it.
By the way, it seems old Senator Leahy himself wonders why Israel has always gotten a pass. If the executive doesn't have to follow this law why have they set up such a drawn out and ineffective process just for Israel, while other countries don't get such protections?