The US Court of Appeals for the Ninth Circuit has upheld the dismissal of a lawsuit that aimed to compel the Biden administration to withdraw military, diplomatic, and financial support from Israel. The ruling was based on the political question doctrine, which asserts that certain questions are constitutionally committed to another branch of government and are thus beyond the jurisdiction of the courts. This doctrine is rooted in the separation of powers as delineated by the US Constitution.
The plaintiffs in the case argued that the administration’s support for Israel constituted complicity in genocide, invoking the Genocide Convention and its US implementing legislation, which makes acts of genocide and the incitement thereof federal crimes. The case was initially dismissed by a federal judge in January on the grounds that foreign policy decisions fall within the exclusive domain of the political branches of government.
Following the dismissal, the case was appealed to the Ninth Circuit, where a panel of three judges affirmed the lower court’s ruling. The appellate court emphasized that courts do not have the jurisdiction to dictate the strategic approach of the United States to major world conflicts, reiterating that such matters involve national security and geopolitical objectives that are under the purview of the executive branch.
As noted, the Ninth Circuit’s decision aligns with the longstanding judicial principle that US courts are limited to resolving legal cases and controversies and should refrain from engaging in inherently political questions. This principle prevents judicial interference in foreign policy, which is constitutionally committed to the political branches of government, thereby maintaining the balance of power among the judiciary, the executive, and the legislature.
For further information, you can read the full ruling here. More details can also be found on the JURIST website.