The judge, after expressing regret that he was limited by constitutional precedent, urged President Biden to rethink U.S. policy on Israel’s military siege in the Gaza Strip.

A federal judge on Wednesday dismissed a lawsuit by Palestinian Americans who sought to force the White House to withdraw support for Israel’s bombardment of Gaza, as was widely expected based on constitutional precedent that only the political branches of U.S. government could determine foreign policy.

But, unexpectedly, U.S. District Judge Jeffrey White indicated that he would have preferred to have issued the injunction were he not limited by the Constitution, and he implored the Biden administration to “examine the results of their unflagging support” of Israel.

The determination came five days after a hearing in Oakland, Calif., in which Judge White allowed the head of a humanitarian group, a medical intern and three Palestinian Americans with relatives in Gaza to tell the court that their loved ones were being slaughtered. They alleged that the U.S. government has underwritten a genocide by backing Israel’s military response to the Oct. 7 attacks by Hamas.

Archive