Case meant to force Biden administration to pressure Israel on Gaza bombings dismissed

A federal judge in California on Wednesday tossed a lawsuit that sought to force the Biden administration to push Israel into ending its bombing of Gaza.

U.S. District Judge Jeffrey White, in his ruling Wednesday, stated he does not have jurisdiction to force the administration to pressure Israel, which is fighting a war with Hamas, but also urged the Biden administration to look into “the results” of its support for the longtime ally. 

The suit, filed in November on behalf of Palestinian human rights organizations and those with family killed in Israel since the onset of the war, asked the judge to issue an order requiring President Biden, Secretary of State Antony Blinken and Secretary of Defense Llyod Austin “to adhere to their duty to prevent, and not further, the unfolding genocide of Palestinian people in Gaza.” 

The suit pointed to the rising death toll in the coastal enclave — now more than 26,000 people in Gaza, per Gaza’s Health Ministry — along with the displacement of nearly 1.9 million civilians and siege on basic resources. 

The plaintiffs argued the “unfolding genocide” was made possible in part by the White House’s “unconditional support,” to Israel. 

Israel has strenuously defended its actions in Gaza, which is controlled by Hamas, a group designated as a terrorist organization by the U.S. and European Union. Hamas fighters entered Israel on Oct. 7 and massacred civilians in attacks that left 1,200 dead.

Israel’s government says its actions in Gaza do not amount to genocide and that it has taken steps to limit civilian casualties.

The Biden administration initially offered its “unwavering support” to Israel, but has recently upped its calls on Israel to be more cautious about preventing civilian deaths in its bombardment of Gaza. 

Israel is also facing charges from South Africa in the United Nations International Court of Justice that its actions in Gaza amount to genocide. That court last week ruled that Israel should do everything it can to prevent death, destruction and acts of genocide against Palestinians in Gaza.

The plaintiffs in the U.S. case asked the court to order the president and other administration officials to exert influence over Israel to halt its bombing, lift the siege in Gaza and to stop facilitating the sales of weapons and arms to Israel. 

The suit also asked the judge to order the Biden administration to stop its obstruction of attempts by the international community to call for a cease-fire. 

White denied the preliminary injunction in his ruling, but pointed to the International Court of Justice’s ruling last week that found it is “at the very least plausible that Israel is committing genocide.” 

“There are rare cases in which the preferred outcome is inaccessible to the Court. This is one of those cases. The Court is bound by precedent and the division of our coordinate branches of government to abstain from exercising jurisdiction in this matter,” White wrote in his ruling. 

“Yet, as the ICJ has found, it is plausible that Israel’s conduct amounts to genocide. This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza,” he continued. 

Plaintiffs named on the suit were the Defense for Children International based in the West Bank, Palestinians in Gaza and in the United States. 

The Associated Press contributed to this report.