'Stunning Abdication': Appeals Court Dismisses Biden Genocide Complicity Case

Palestine defenders on Tuesday decried a U.S. federal appellate panel's dismissal of a case brought by Palestinians accusing senior Biden administration officials of failing to prevent and complicity in Israeli genocide in Gaza.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court's dismissal of the lawsuit against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, which was led by the Center for Constitutional Rights (CCR) on behalf of several Palestinian groups and individuals.

During a Tuesday interview on Democracy Now!, CCR attorney Katherine Gallagher—who represented plaintiffs in the case—said its dismissal "essentially gives the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war."

Gallagher's interview followed a Monday statement in which she referred to the recent U.S. Supreme Court ruling granting the president "absolute immunity" for "official acts."

"On the heels of Trump v. United States, this stunning abdication of the court's role to serve as a check on the executive even in the face of its support for genocide should set off alarm bells for all," she said.

The lawsuit—originally filed in November in the U.S. District Court for the Northern District of California in Oakland—sought to stop the Biden administration from aiding Israel's bombardment of Gaza. U.S. weapons have played a critical role in Israel's war, which Palestinian and international agencies say has killed, wounded, or left missing more than 137,500 Gazans.

While the court found 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," it dismissed the case on jurisdictional grounds in late January. The 9th Circuit subsequently granted an expedited appeal in the case, which was heard in June.

"This decision is mind-boggling and, frankly, scary," plaintiff Waeil Elbhassi said in a statement Monday. "It is just unfathomable, while we count our dead, witness the total obliteration of Gaza—aided by our own government."

"As the death toll keeps rising and we see nonstop images of carnage during this livestreamed genocide, the court washes its hands of our case," Elbhassi added. "We turned to the law to help stop the horror, and the court chose to do nothing. We are beyond disappointed. We have no choice but to continue to fight for our people. Our very existence is at stake."

Israel's conduct in Gaza—including alleged forced starvation that has fueled deadly famine in parts of the besieged strip—is under investigation by the International Court of Justice in a genocide case brought by South Africa.

Additionally, International Criminal Court Chief Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders for crimes including extermination allegedly committed on and after October 7.