9th Cir. denied DCI Palestine and Al Haq et al’s petition for rehearing our case en banc against Biden admin for its role in Israel’s genocide in Gaza on Center for Constitutional Rights

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  1. Before: CALLAHAN, NGUYEN, and BRESS, Circuit Judges.
  2. The panel unanimously voted to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing, Dkt. No. 78, is DENIED. All pending motions are denied as moot.

Continue reading at https://ccrjustice.org/sites/default/files/attach/2024/10/102.1_10-2-24_Order-denying-petition_w.pdf

Appeal in Biden Gaza Genocide Case Heard Yesterday: Palestinians Argue Court Has Legal Obligation to Hear Their Claims by Al-Haq

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  1. On June 10, 2024 before a three-judge panel of the Ninth Circuit Court of Appeals, Palestinians from Gaza and Palestinian-Americans with family in Gaza argued that the courts have a constitutional obligation to hear their claims that President Biden, Secretary of State Blinken, and Secretary of Defense Austin violated their legal duty to prevent – and are complicit in – Israel’s genocide in Gaza. The lower court had found a plausible case of genocide and urged the Biden administration to reexamine its “unflagging support” for Israel’s siege of Gaza, but dismissed the lawsuit in January, finding it was not the court’s place to rule on what it determined was a “political question.”

Continue reading at https://www.alhaq.org/advocacy/23290.html

Watch the proceedings at https://www.youtube.com/watch?v=H2Gy6vKZHN0

Biden-Gaza Genocide Case: Constitutional and International Law Scholars, Ex-Diplomats, Service Members, and Intelligence Officers Back Palestinians’ Appeal by Center for Constitutional Rights

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  • Groups Submitting Amicus Briefs Also Include 139 NGOs From Around the World, Arab-American orgs, Jewish Voice for Peace
  • March 15, 2024, San Francisco – An esteemed array of individuals and organizations is supporting the Palestinians, Palestinian human rights organizations, and Palestinian-Americans who are arguing that the Ninth Circuit Court of Appeals must consider their claims that U.S. officials failed to prevent – and are complicit in – Israel’s genocide in Gaza. Legal scholars, former military leaders and diplomats, civil and human rights groups, and NGOs from around the world submitted amicus briefs in favor of their appeal after a lower court dismissed their case on strictly jurisdictional grounds while finding a “plausible” case for genocide. 
  • … The Court of Appeals for the Ninth Circuit will hear oral argument in San Francisco in June 2024.

Continue reading at https://ccrjustice.org/home/press-center/press-releases/biden-gaza-genocide-case-constitutional-and-international-law

On Eve of Israeli Assault on Rafah, Court Grants Expedited Appeal in Biden Gaza Genocide Case by Center for Constitutional Rights

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  • February 28, 2024, San Francisco, CA – Late yesterday, the Ninth Circuit Court of Appeals granted a motion to expedite the appeal of Palestinians and Palestinian-Americans suing U.S. officials for their failure to prevent – and complicity in – Israel’s genocide in Gaza. The Center for Constitutional Rights and co-counsel at Van Der Hout LLP sought the expedited schedule because of the lethal danger and conditions, including mass starvation, intentionally inflicted upon plaintiffs, their families, and all the residents of Gaza, as Israel continues its genocidal assault on the population and prepares a ground assault on Rafah, where more than a million people have taken refuge following their forced evacuation from northern Gaza. The appeals court will set an early June date for oral arguments in San Francisco. 

…In the lawsuit filed in November, a group of Palestinian and Palestinian-American individuals and organizations asked the court to enjoin President Biden, Secretary Blinken, and Secretary Austin from providing weapons and other forms of support to Israel that are being used to further the genocide in violation of domestic and international law. 

Continue reading at https://ccrjustice.org/home/press-center/press-releases/eve-israeli-assault-rafah-court-grants-expedited-appeal-biden-gaza

We notified the 9th Circuit Court of Appeals that we are appealing the dismissal in DCI Palestine v. Biden. on The Center for Constitutional Rights

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

Continue reading the thread at https://twitter.com/theCCR/status/1761074711562244363