Join Meir Panim’s campaign to “light up” Chanukah for families in need.
A second case that should be watched in Israel affects the prospect that Israeli officials will be dragged into American courts to answer for the kinds of allegations concerning military action in Gaza that have been made in the Goldstone report. To be sure, in the U.S. private citizens cannot initiate criminal prosecutions, as they can in many European countries where Israeli officials now fear to visit. In the U.S. only government prosecutors may file criminal felony charges. No responsible prosecutor in any American jurisdiction is likely to indict Ehud Barak, Ehud Olmert or Tzipi Livni over Operation Cast Lead.
But civil lawsuits are another matter. They can be brought by any injured party against individuals who are served with process, and civil lawsuits for damages have been filed by foreigners in American courts under a law called the Alien Tort Claims Act since its enactment in 1789. On the other hand, lawsuits against foreign governments cannot be brought in American courts except in carefully defined situations specified in the Foreign Sovereign Immunities Act.
The case the Supreme Court has agreed to hear concerns a lawsuit brought against a general who served between 1980 and 1990 in the Somali regime of General Mohamed Siad Barre. The plaintiffs in the lawsuit claim they were imprisoned and tortured on the general’s orders. The court will decide whether the immunity a foreign government has under the Foreign Sovereign Immunities Act extends to lawsuits against individuals, and particularly to those who no longer hold the official governmental positions they once occupied.
Whether individuals who claim to have been injured by the Israeli operation in Gaza can sue Barak, Olmert, or Livni in American courts will turn on the Supreme Court’s decision in this case. A usually conservative federal Court of Appeals in Virginia held that the Somali general cannot invoke governmental immunity and must answer the lawsuit filed against him.
The decision rested on a precise reading of the immunities law, which does not explicitly protect individuals. Only “corporate and legal entities,” not “natural persons” are, according to the lower court, entitled to immunity.
The fact that the Supreme Court agreed to hear the case makes it much more likely than not that a majority of the Supreme Court will disagree with the lower-court decision. The two cases discussed here will probably be heard in January 2010 and will be decided before the Supreme Court adjourns at the end of June.
About the Author: Nathan Lewin is a Washington, D.C. lawyer who has argued numerous cases in the U.S. Supreme Court and teaches a seminar in Supreme Court litigation at Columbia Law School.
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Girlfriend and double cop-killer Ismaaiyl Brinsley apparently was influenced by Islamic extremism.
We see pictures of mosques, monuments for terrorists, illegal schools, and hundreds of apartments being built on Jewish land without repercussions. We are losing Jewish property, so it is up to us to protect it.
Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.
Also left unsaid was the fact that the menorah and its oil were in the Beit HaMikdash, which of course was located on Har HaBayit – the Temple Mount that present-day Muslims claim as their own.
Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.
A revolution is taking place between good and evil; light and darkness. Make the light activism!
Obama’s comments calling Israeli settlements “unhelpful”are harsher than prior US administrations’
He ruthlessly crushed the revolt, and, despite lacking official Roman sanction, ordered the rebel leaders put to death without trial.
Hamas recently stated publicly that a new explosion of violence against Israel is imminent.
We can never allow Israel in the name of democracy to turn herself into an Arab or bi-nationalstate
The Jordanian public is a fertile ground of anger that could be easily exploited by ISIS.
Let us become modern day Maccabees and seize the day. Embrace the challenge. Fight for Hashem.
In the Thirties it was common for anti-Semites to call on Jews to “go to Palestine!”
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.
On Tuesday, February 28, it was widely reported that the basketball team of Houston’s Robert M. Beren Academy had “forfeited” its place in the semi-finals of the tournament conducted by the Texas Association of Private and Parochial Schools (TAPPS) because it would not play on Friday night and Saturday. But a headline in Friday’s New York Times read: “In Reversal, a Jewish School Gets to Play.”
On August 9, 2001, Ahlam Tamimi, a member of Hamas, drove a suicide bomber to the Sbarro restaurant in the heart of Jerusalem, where the bomber blew himself up, killing 15 people including Judy Greenbaum, an American citizen from New Jersey.
Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.
Congress has never seen a better friend of the observant Jewish community than Stephen Solarz, who died of esophageal cancer on the 22nd of Kislev. Yonoson Rosenblum’s recently published biography of Rabbi Moshe Sherer describes Solarz as an “invaluable ally” for many Agudath Israel projects and there are 20 references to Solarz in the book’s index.
Printed from: http://www.jewishpress.com/indepth/opinions/supreme-court-decisions-will-be-watched-in-israel/2009/11/04/
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