web analytics
July 6, 2015 / 19 Tammuz, 5775
At a Glance
InDepth
Sponsored Post


Home » InDepth » Op-Eds »

Supreme Court Decisions Will Be Watched In Israel


The U.S. Supreme Court now gives lawyers a head start on the preparation of briefs and fills up the court’s schedule of oral arguments as early as possible. Even before it formally convened the first Monday in October, the court announced which cases it would hear of those on which petitions for review gathered over the summer while the court was in recess.

Two cases the court placed on its docket on September 30 should be of concern to friends of Israel and to the Israeli public.

The first case affects prosecution in American courts of terrorist groups. In a 1996 anti-terrorism law, Congress made it a federal crime to provide “material support or resources” to a foreign terrorist organization, and in a 2004 law the words “material support or resources” were further defined to include any “service,” “training, expert advice or assistance.”

Three federal appellate judges in California ruled that the words “service,” “training,” and “expert advice or assistance” are unconstitutionally vague because they might authorize prosecutors to file criminal charges against individuals who advise terrorist groups “on how to lobby or petition representative bodies such as the United Nations” or who train members of such groups on “how to use humanitarian and international law to peacefully resolve ongoing disputes.”

The Supreme Court has now accepted the Department of Justice’s request – made through the Obama administration’s new solicitor general, former Harvard Law School dean Elena Kagan – to review that ruling.

The case the Supreme Court will hear does not involve terrorist groups that threaten Israel. The case was initiated by organizations and individuals that wished to support a group battling for Kurds in Turkey and another group helping the Tamils in the northern and eastern provinces of Sri Lanka. But whatever the court decides will affect U.S. enforcement policy regarding supporters of Hamas and Hizbullah.

American courts and American statutes have made it clear that U.S. anti-terrorism law cannot be invoked against anyone who supports a terrorist group without knowing that it engages in terrorism. Terrorism is defined as including “violent acts dangerous to human life” designed “to coerce a civilian population.” If there exist contributors to Hamas who intend only to help its purported charitable activities and who are ignorant of its program to murder and maim, they would be, on this account, beyond the reach of the law.

The legal issue now before the Supreme Court is whether someone who knows that an organization commits terrorism and nonetheless provides service, training, or expert advice to such a group acts lawfully.

Because of the wholly unreal possibility that a supporter of the terrorist group who knows that it murders civilians might only advise it on how to file a petition with the United Nations or how to peacefully resolve ongoing disputes in a humanitarian way – fanciful imaginings that only naïve judges could conceive – the very liberal U.S. Court of Appeals for the Ninth Circuit (the one most frequently reversed by the Supreme Court) has invalidated significant provisions of American anti-terrorism law.

This is too much for even the Obama administration’s Department of Justice. It sought and obtained Supreme Court review of the Court of Appeals decision on the ground that the language declared unconstitutional for vagueness is “a vital part of the Nation’s effort to fight international terrorism.” The government’s initial petition to the Supreme Court did not specify the kinds of service, training, or expert advice for terrorist organizations that Department of Justice investigations have uncovered, but it did report that 120 defendants have been charged under these terms and 60 have already been convicted.

The criminal prohibitions in American law against all forms of support for Hamas and Hizbullah are crucially important in both Israel and the U.S. Few, if any, Hamas or Hizbullah supporters in the U.S. are giving advice on how to petition to the United Nations or on how to resolve disputes in a humanitarian way.

The service, training, and expert advice usually given in the U.S. to supporters of Hamas and Hizbullah who know of their programs of terrorism are geared to more violent means of achieving the ends of these terrorist groups. If American law is to have any deterrent effect, the language of the federal law should be given its natural and ordinary meaning and not declared unconstitutionally vague.

About the Author: Nathan Lewin is a Washington, D.C., lawyer who wrote the 1983 New York Get Law and the COLPA amicus curiae brief in Avitzur v. Avitzur, the 1983 New York Court of Appeals decision that approved, 4-to-3, the constitutionality of a pre-nuptial agreement requiring the couple to appear before a bet din in case of divorce.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Supreme Court Decisions Will Be Watched In Israel”

Comments are closed.

Current Top Story
Russian Foreign Minister Sergei Lavrov.
Russia Steps Up in U.S.-led Nuclear Talks with Iran
Latest Indepth Stories
President Obama

Sources say seemingly irreconcilable differences between the 2 main parties, Washington and Tehran.

Seder at the White House. The one without the kippa is President Obama.

Instead of accepting reality, the President is trying to hold on to an illusion.

peace in our time iran

Those who suggest further capitulation to Iran are wrongly harming the interests of the West.

Haneen Zoabi (L) and Basel Ghattas (R), Arab members of Israel's parliament, both participated in flotillas attempting to break Israel's legal naval blockade of the Gaza strip.

Few Arab Israelis found anything positive in the decision of its MKS to join any Gaza flotilla.

US Jews prefer to be like their non-Jewish liberal friends complaining about “settlements” and Bibi

New Israel Fund & its supporters must be countered; Israel’s in the midst of an unprecedented storm

PM Netanyahu this week identified ISIS and Iran as Israel’s primary threat. It is a planetary threat that carries the promise of peace.

Haym Solomon, overlooked hero of the Revolutionary War, was America’s “Funding Father.”

Latvia, July 4, 1941 they forced many Jews in the shul putting it on fire; everyone was burned alive

There’s blood on the reporters’ hands AND New Israel Fund for funding groups feeding lies to the UN

Respect & appreciation for our country is not only a civic value but an essential Jewish one as well

When words lose meaning, the world becomes an Orwellian dystopia; a veritable Tower of Babel

Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.

Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly

What if years from now, IS were to control substantial territory? What world havoc would that wreak?

Rambam writes the verse’s double term refers to 2 messiahs: first King David; 2nd the final Mashiach

More Articles from Nathan Lewin
Nathan Lewin

In a 1936 majority opinion, Supreme Court Justice George Sutherland said that the president is “the sole organ of the federal government in the field of international relations.”

Nathan Lewin

FBI’s undercover agents contacted ORA (Org. for the Resolution of Agunot) pretending to be an agunah

Obama’s approach to evildoers echoes Gandhi’s fatuous and muddleheaded pleas to his “friend” Hitler

Roosevelt sneaked out of the White House through a rear exit rather than meet with the 400 Rabbis

In the Thirties it was common for anti-Semites to call on Jews to “go to Palestine!”

Federal and local laws protect your right to workplace accommodations for your religious observance.

The inauguration of an American president has, since 1937, always begun with an invocation by a clergyman

The late Israeli Supreme Court judge Menachem Elon, was a pioneer of Jewish and Israeli law.

Printed from: http://www.jewishpress.com/indepth/opinions/supreme-court-decisions-will-be-watched-in-israel/2009/11/04/

Scan this QR code to visit this page online: