Monday, July 15, 2024

Defense for Children Int'l v. Biden (9th Cir. - July 15, 2024)

I'm not sure what plaintiffs thought this lawsuit was plausibly going to achieve.

"Asserting violations of international law, the plaintiffs in this case ask us to enjoin the President and other senior Executive Branch officials from providing military, diplomatic, and financial support to Israel in its ongoing operations in the Gaza Strip. The plaintiffs also ask for a declaration that the United States’ current support of Israel is unlawful."

I guess that, in theory, one could imagine a federal judge somehow being so personally invested in the dispute to somehow find the matter to not involve a nonjusticiable political question. But even in that unlikely event, the opinion would undoubtedly be promptly reversed. So what's the point?

In any event, here, the district court held that it was a political question, and the Ninth Circuit unanimously affirms. The Supreme Court will deny certiorari, and that'll end the thing once and for all.

Were I the public interest groups pondering bringing such a lawsuit, that's not how I would have elected to spend my time and money.