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this post was submitted on 14 Jan 2024
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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.