From Snowflakes to Snakes

 

Everyone seems to want to get into the act when it comes to crippling Israel in its efforts to defeat Hamas. They all seem to think they are experts on warfare and genocide, and that compassion is the most important virtue when Hamas is involved. Now a lawsuit has been filed to try to stop the U.S. from shipping arms to Israel:

A group of Northern California residents has filed a class-action lawsuit against their congressional representatives, Democrats Mike Thompson and Jared Huffman, accusing them of causing harm to local communities and to Palestinians in Gaza by voting to send billions in US military aid to Israel.

The lawsuit, filed Thursday in San Francisco federal court, claims the lawmakers caused ‘moral and emotional/psychic injury’ to taxpayers by voting for aid that, the plaintiffs allege, contributes to genocide in Gaza. Both Israel and the Biden administration reject that Israel is committing genocide in its war against Hamas in Gaza.

Where else could this possibly happen than in radical California? And only Californians would protest that they have been caused “moral and emotional/psychic injury” due to the U.S. efforts to help Israel fight for its very existence. I guess that the moral and psychic injury that the Israelis sustained on October 7 doesn’t count.

And the group that sued described the misery they have experienced as the Israelis were shipped arms:

The Bay Area case seeks to bar Thompson and Huffman from approving future military aid to Israel and demands damages for the emotional distress caused by war, including “uncontrollable weeping, inability to sleep, distractions from work, despair for the future of their children and humanity.”

Seriously? I think they were just a little lacking in hyperbole, don’t you?

Another lawsuit was filed that tried the same tactic, and failed but for incorrect reasons:

In a ruling in January, U.S. District Judge Jeffrey White of Oakland said there was strong evidence that Israel’s siege in Gaza ‘is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide.’ But White said that foreign policy is ‘constitutionally committed to the political branches of government’ and courts have neither the competence nor the authority to intervene. The 9th U.S. Circuit Court of Appeals upheld his ruling in July.

I suspect that Judge White knows something about the role of the courts, but he clearly knows nothing about the rules of genocide, and that Israel is not committing it. Thus, in this new suit, genocide is front and center.

But perhaps the most bizarre aspect of this new suit came from one of the 21 plaintiffs:

The lawsuit’s plaintiffs include Norman Solomon, a veteran journalist and political commentator who lives in Huffman’s district.

Solomon said at Thursday’s press conference that Huffman has ‘repeatedly said he is helping to ship military aid to Israel in part because he opposes antisemitism. As a Jewish American I find that rationale disgusting.’

Excuse me? Mr. Solomon is one of those naïve Jews who can’t see anti-Semitism when it hits him in the face. Just what is he saying? What is disgusting about a person claiming he wants to send funds to Israel because he opposes anti-Semitism?

I suggest that Mr. Solomon and his co-plaintiffs take a closer look at their own motives in trying to hamstring the Israelis who just happen to be Jews.

Their motives may not be so pure.

[Originally published at American Thinker, Dec. 26, 2024, under the title “Attacking Israel in the Courts”]

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There are 16 comments.

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  1. Stad Coolidge
    Stad
    @Stad

    Susan Quinn: I suggest that Mr. Solomon and his co-plaintiffs take a closer look at their own motives in trying to hamstring the Israelis who just happen to be Jews.

    Maybe jews should file a suit claiming that the plaintiff’s support for people who rape, torture, and murder jews causes them severe emotional distress . . .

    • #1
  2. Percival Thatcher
    Percival
    @Percival

    Susan Quinn: [Originally published at American Thinker, Dec. 26, 2024, under the title “Attacking Israel in the Courts”]

    That would be here.

    (Way to go, Susan!)

    Susan Quinn:

    The Bay Area case seeks to bar Thompson and Huffman from approving future military aid to Israel and demands damages for the emotional distress caused by war, including ‘uncontrollable weeping, inability to sleep, distractions from work, despair for the future of their children and humanity.’

     

    Where do the rest of us go to file a countersuit for the emotional distress caused by listening to their bilge?

    • #2
  3. Susan Quinn Member
    Susan Quinn
    @SusanQuinn

    Stad (View Comment):
    Maybe jews should file a suit claiming that the plaintiff’s support for people who rape, torture, and murder jews causes them severe emotional distress . . .

    Works for me!

    • #3
  4. Susan Quinn Member
    Susan Quinn
    @SusanQuinn

    Percival (View Comment):
    Where do the rest of us go to file a countersuit for the emotional distress caused by listening to their bilge?

    I wish. It’s so pathetic.

    • #4
  5. Arthur Beare Member
    Arthur Beare
    @ArthurBeare

    Sue your congress critters because of the way they voted on a specific bill?  If these folks win, it will be one more reason for good people to avoid public service.  

    • #5
  6. Old Bathos Member
    Old Bathos
    @OldBathos

    There should be sanctions for filing a bogus lawsuit. Even if the claim were true, how do a bunch of California liberals have standing?  Obama and Biden gave billions to Iran to be used to slaughter people all across the Middle East. Does a consortium of Ricochetti have standing to sue?

    • #6
  7. Susan Quinn Member
    Susan Quinn
    @SusanQuinn

    Old Bathos (View Comment):
    There should be sanctions for filing a bogus lawsuit. Even if the claim were true, how do a bunch of California liberals have standing?  

    Ah, but it’s California, dontcha know…

    • #7
  8. Percival Thatcher
    Percival
    @Percival

    Susan Quinn (View Comment):

    Old Bathos (View Comment):
    There should be sanctions for filing a bogus lawsuit. Even if the claim were true, how do a bunch of California liberals have standing?

    Ah, but it’s California, dontcha know…

    If it’s California, doesn’t the Anti-SLAPP legislation get invoked? If someone is suing you in such a way as to limit your First Amendment rights, you can make a motion to the judge to have the suit bounced out of court.

    Of course, that leaves it up to a judge. A California judge. Who just might be an idiot. Maybe they tried and got denied.

    • #8
  9. Rodin Moderator
    Rodin
    @Rodin

    I can’t imagine this suit getting too far. But it is a form of lawfare — politics dressed up as a legal claim. It will have its intended effect which is to put pressure on the target. If it has a measure of success against the Congressman expect to see it become part of the political tool kit. The plaintiffs had to bring it as a class action since we don’t have direct democracy. But how are they going to establish the class? 

    • #9
  10. ctlaw Coolidge
    ctlaw
    @ctlaw

    Current complaint and docket:

    https://krcrtv.com/resources/pdf/5229fd40-af7e-4399-b135-18ff69c32506-Complaint12192024.pdf

    https://www.courtlistener.com/docket/69482888/donnelly-v-thompson/

     

    Susan Quinn: Another lawsuit was filed that tried the same tactic, and failed but for incorrect reasons:

    Docket:

    https://www.courtlistener.com/docket/68000231/defense-for-children-international-palestine-v-biden/

     

    Opinion and docket for its 9th Circuit appeal:

    https://cdn.ca9.uscourts.gov/datastore/opinions/2024/07/15/24-704.pdf

    https://www.courtlistener.com/docket/69123522/defense-for-children-international-palestine-et-al-v-biden-et-al/

     

    • #10
  11. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    Congresscritters enjoy immunity from legal action relating to their official duties. 

    https://constitution.congress.gov/browse/essay/artI-S6-C1-3-1/ALDE_00013300/

    • #11
  12. ctlaw Coolidge
    ctlaw
    @ctlaw

    Susan Quinn: I suspect that Judge White knows something about the role of the courts, but he clearly knows nothing about the rules of genocide, and that Israel is not committing it. Thus, in this new suit, genocide is front and center.

    He does know about the role of the courts, but he violated that and should be impeached for lack of good behavior.

    On a motion to dismiss, the court typically will state that, for purposes of the motion, it accepts the factual allegations of the non-moving party. It does not affirmatively make findings of their merit. From his own order:

    A motion to dismiss is proper under Federal Rule of Civil Procedure 12(b)(6) where the pleadings fail to state a claim upon which relief can be granted. A court’s “inquiry is limited to the allegations in the complaint, which are accepted as true and construed in the light most favorable to the plaintiff.” Lazy Y Ranch Ltd. v. Behrens, 546 F.3d 580, 588 (9th Cir. 2008).

    Thus, his proceeding to this rant was inappropriate:

    Similarly, the undisputed evidence before this Court comports with the finding of the ICJ and indicates that the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law. Both the uncontroverted testimony of the Plaintiffs and the expert opinion proffered at the hearing on these motions as well as statements made by various officers of the Israeli government indicate that the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide. (See, e.g., Dkt. No. 19-6, Declaration of Drs. Cox, Sanford, and Trachtenberg, at ¶¶ 9-14.)

    It is every individual’s obligation to confront the current siege in Gaza, but it also this Court’s obligation to remain within the metes and bounds of its jurisdictional scope.

    Here the 9th Circuit noted that this applies particularly strongly in a subject matter jurisdiction case:

    We make one final observation. Although the district court concluded that plaintiffs’ claims presented “fundamentally non-justiciable political questions,” it also commented on the merits of plaintiffs’ case. Among other things, the district court stated that “the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law.” To the extent plaintiffs construe the district court’s commentary as factual findings, plaintiffs are incorrect. Because the district court lacked subject matter jurisdiction, any claimed factual findings and related commentary are of no legal force. Once it is determined that claims present political questions, the judicial inquiry ends.

    The judge is a George W. Bush appointee with a record of left wing activism. He was and remains on senior status:

    https://en.wikipedia.org/wiki/Jeffrey_White

    • #12
  13. Susan Quinn Member
    Susan Quinn
    @SusanQuinn

    ctlaw (View Comment):
    He does know about the role of the courts, but he violated that and should be impeached for lack of good behavior.

    Thanks for elaborating, CT. And everyone should know that CT was the one who told me about this insane situation.

    • #13
  14. The Reticulator Member
    The Reticulator
    @TheReticulator

    Old Bathos (View Comment):
    Does a consortium of Ricochetti have standing to sue?

    I think congress needs to write the law to make it work that way.  Otherwise,  by default Ricochet probably  doesn’t have such standing. 

    I don’t know that for a fact, though. 

    • #14
  15. Old Bathos Member
    Old Bathos
    @OldBathos

    The Reticulator (View Comment):

    Old Bathos (View Comment):
    Does a consortium of Ricochetti have standing to sue?

    I think congress needs to write the law to make it work that way. Otherwise, by default Ricochet probably doesn’t have such standing.

    I don’t know that for a fact, though.

    God no.  We would need to expand the federal judiciary ten-fold if every American had standing to sue for every dumb policy action, bad law or stupid reg on the basis of its relative dumbness rather than on statutory or constitutional grounds.  Elections are supposed to be the cure for bad law and policy, not enlightened judicial intervention.

    • #15
  16. The Reticulator Member
    The Reticulator
    @TheReticulator

    Old Bathos (View Comment):

    The Reticulator (View Comment):

    Old Bathos (View Comment):
    Does a consortium of Ricochetti have standing to sue?

    I think congress needs to write the law to make it work that way. Otherwise, by default Ricochet probably doesn’t have such standing.

    I don’t know that for a fact, though.

    God no. We would need to expand the federal judiciary ten-fold if every American had standing to sue for every dumb policy action, bad law or stupid reg on the basis of its relative dumbness rather than on statutory or constitutional grounds. Elections are supposed to be the cure for bad law and policy, not enlightened judicial intervention.

    That’s probably why it’s something that’s only done for leftwing causes, and not so often even then. 

    • #16
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