Expedited appeal granted in groundbreaking Biden genocide case

San Francisco, California - The Ninth Circuit Court of Appeals on Tuesday granted a motion to expedite the appeal of a case brought by Palestinians and Palestinian Americans seeking to hold the Biden administration accountable for its actions in Gaza.

Palestinian rights activists erect a banner reading "Stop the Genocide!" outside the White House as President Joe Biden faces accusations of complicity in Israel's assault on Gaza.
Palestinian rights activists erect a banner reading "Stop the Genocide!" outside the White House as President Joe Biden faces accusations of complicity in Israel's assault on Gaza.  © IMAGO / Cover-Images

The federal appeals court delivered the win to plaintiffs in the groundbreaking Defense for Children International - Palestine v. Biden case, who have argued that dire conditions on the ground in Gaza make it all the more urgent a decision is reached swiftly.

The lawsuit, filed in November, accuses the president and other top US officials of complicity in Israel's assault on Gaza, particularly through the continued provision of diplomatic support and lethal weaponry.

"Israeli forces are killing Palestinian children and their families at an unprecedented rate with President Biden’s full support," Defense for Children International - Palestine General Director Khaled Quzmar said in a Center for Constitutional Rights press release.

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"Palestinian children that survive bombardment face death by starvation and disease as a direct result of Israeli government policies to deny humanitarian aid to Palestinians in Gaza," he continued.

"While we welcome the expedited appeal, each day that passes without an end to Israel’s genocidal campaign results in catastrophe for Palestinian children in Gaza."

Biden genocide case: High stakes and next steps

Supporters of Palestinian freedom raise a sign reading "Genocide Joe" during a rally in Austin, Texas.
Supporters of Palestinian freedom raise a sign reading "Genocide Joe" during a rally in Austin, Texas.  © IMAGO / ZUMA Wire

The plaintiffs and their legal representatives announced the appeal on Friday after a federal judge in Oakland dismissed their case on jurisdictional grounds late last month. Despite the unfavorable result, the ruling upheld that there is a likely case of genocide happening in Gaza with "unflagging support" from the Biden administration.

The decision came after a powerful hearing on January 26 – the same day the International Court of Justice issued provisional measures against Israel as it weighs a genocide case brought by South Africa.

The skyrocketing death rate and imminent threat of starvation in Gaza are upping the stakes in Palestinians' efforts to stop the US-backed Israeli attacks.

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Attorney and Bertha Justice Fellow at the Center for Constitutional Rights Sadaf Doost said, "Since the filing of this lawsuit in November, the death toll in Gaza has nearly tripled, and all the while, the United States has continued to accelerate Israel’s genocidal campaign against the Palestinian people of Gaza with its unconditional material, financial, and diplomatic assistance and cover."

"Our expedited appeal to the Ninth Circuit – seeking judicial review to make clear that no individual, not even the president of the United States, is above the law and all must comply with obligations to stop genocide – comes as the carnage and devastation in Gaza has reached unprecedented levels and requires urgent attention," Doost added.

The court is expected to set a hearing date for oral arguments in early June. In the meantime, the plaintiffs' opening brief is due on March 7, while the government's brief is due April 5. The plaintiffs have the option to reply by April 23.

Cover photo: IMAGO / ZUMA Wire

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