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Monday, January 13, 2025

No, you cannot sue legislators who vote for Israel funding

My new essay for The Hill explains why a lawsuit against two California representatives is frivolous, no matter how much the plaintiffs abhor funding for Israel. Here is the gist:

The class-action suit against Israel’s funding defies law and logic

The appalling devastation in Gaza, much of it wrought by U.S.-supplied weapons, certainly seems to have driven many of Israel’s critics, including otherwise reasonable people, to thoughtless measures, staking out extreme and unsupportable positions that will do nothing to end the war. 

One case in point is a bizarre federal class action lawsuit (Donnelly v. Thompson) recently filed in the Northern District of California, claiming that Reps. Mike Thompson (D-Calif.) and Jared Huffman (D-Calif.) had “exceeded the constitutional limitations on their tax and spend authority by voting to authorize the funding of the Israeli military.”  

Their case is entirely without legal merit. Their clients lack standing to bring the case. They sued the wrong defendants. No court can grant the relief they have requested. Their claims are barred by a specific provision of the Constitution. 

Attorneys are prohibited from filing cases merely to rally support or shine spotlights. A lawsuit demands more substance than a press release. There are rules against frivolous litigation, brought solely to attract attention, no matter how heartfelt the cause. 

You can read the entire piece at The Hill.

Posted by Steve Lubet on January 13, 2025 at 12:28 PM | Permalink

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