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August 23, 2014 / 27 Av, 5774
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Posts Tagged ‘Supreme Court’

Court Rejects Shalit Terrorists’ Appeal

Wednesday, June 25th, 2014

The Supreme Court rejected an appeal submitted by six terrorists release in the Gilad Shalit deal. The state is asking for legal sanction to re-arrest the killers and to jail them for the rest of their sentences. Chief Justice Asher Grunis said the appeal would be correctly submitted to the Haifa District Court, but did not voice an opinion of the legality surrounding returning the murderers to prison.

The Haifa District Court will hear the case tomorrow.

BDS Agitators Fail in ‘Rachel Corrie Country’

Wednesday, May 21st, 2014

It’s been a rough day for Palestinian supporters: Yet another unversity-based divestment attempt failed dismally at the University of Washington at the same time as an Israeli court was set to rule on the latest appeal in the decade-long legal saga of local girl Rachel Corrie, the 23-year-old activist who was crushed by an IDF bulldozer in 2003 when she made the mistake of standing in front of it.

Corrie, a member of the radical, terror-supporting International Solidarity Movement (ISM) was killed while serving as a human shield in a closed military area in the Gaza Strip, near the border with Egypt.  She refused to comply with IDF instructions to vacate the area, and was then crushed to death by a military bulldozer in Gaza  because the soldier driving the bulldozer could not see her from where he was seated, high up in the cab.

For the past eleven years, her parents have pursued a lawsuit in Israel’s courts to have her death declared a murder, something Israeli courts have repeatedly refused to do. Today (Wednesday) the Supreme Court will rule on the family’s  appeal of a lower court ruling absolving the IDF of culpability for the incident.

IN 2011 a lower court ruled the IDF was not negligent, nor was it responsible for Corrie’s death. Moreover, the court ruled the IDF had fully and credibly investigated the circumstances surrounding the incident. By entering a closed military zone, and attempting to block the work of military bulldozers, Corrie was responsible for her own death, the court ruled.

BDS keeps on kicking, despite rejections

Sources on campus described the UW boycott issue as one of the most heated campus debates in recent memory, with furious comments both for and against the resolution in the university’s Slog news website. “Intentional or not, BDS [movement] singles out Jews for treatment that no one else gets, even countries that behave far worse. You don’t think it would be practical to aim against Syria (hmm, when was the last time Israel gassed its own citizens?)?” responded one writer.

Ironically, the University of Washington is located not far from Rachel Corrie’s hometown of Olympia, Wash.

Following the UW campaign, The Jewish Press has learned that students at the University of South Florida are also pressuring the school’s foundation to divest from companies linked to Israeli companies based in Judea and Samaria. Students this month presented a petition with 10,000 signatures to the school’s foundation urging the school to divest from corporations such as Motorola, HP and Caterpillar.

Boycott supporters have not indicated whether-or-not they will stop using cellphone, computer and internet technologies, all of which were developed in Israel, to protest the “brutal oppression” of the world’s only “apartheid” victims with the right to vote, run for office and full access to Israel’s Supreme Court.

Destruction in Gush Etzion: It’s Only ‘Anatevka’

Wednesday, May 14th, 2014

When the IDF soldiers and Border Police officers who destroyed the homes of seven families and a kindergarten in Gush Etzion take off their uniforms to lay down for the night, will they be able to sleep when they close their eyes? What images will they see?

Hundreds of security personnel were involved in today’s (Wednesday) in demolitions, making sure the small playground vanished where Ma’aleh Rehavam’s children once learned and played.

A like number of Arab workers – just pour a little salt on the wounds please — were present to shove their precious few belongings into big metal shipping containers. When it was over they were sent who knew where.

A few scattered pieces of shelving lay broken on the rocky ground, carelessly tossed in the rush to finish the job done before media could report the gory details. Pitiful bits of furniture left here and there gave testimony to the presence of seven families and their small children. They didn’t have much.

It was only Anatevka. Or some Bedouin clans. Frankly, in this day and age, they don’t look much different, do they?

If you live in Israel and travel the Negev or the hills of Judea and Samaria, or around the Galilee and the Golan Heights, you know the truth. You know that Jews who choose to help settle the Land – as Jews are commanded to do in the Bible – don’t do it because it is easy.

They do it out of a commitment to their People and their nation, and to their Creator. They bring their faith and sometimes their small children and whatever few things they manage to pull together for a home. And then they live in a caravan for a while. Eventually, if they’re lucky, the caravan becomes a “real” house – but usually it’s a hut with a corrugated tin roof. Just like those of the Bedouin in the Negev and up north.

We’re basically the same. We’re only different when it comes to how our government treats us.

Fear of the European Union, which generously funds the radical leftist Peace Now movement, has driven the government to discriminate against the settlers. Peace Now files hundreds of lawsuits that whip the courts and the government into expelling Jewish settlers from their homes. They don’t bother to do the same with Arab settlers.

According to Peace Now, Arabs own all the land outside of the 1949 Armistice line. Peace Now would never dare to harass the Palestinian Authority into “enforcing” any law – nor would it attempt to force the PA to formulate a law to control settlement or housing construction.

They are too busy harassing Jews. It’s also safer. Harassing Hamas or Fatah would earn a death sentence for anyone attempting to “enforce” anything and well does the European Union’s proxy agency know it. So they aim at those who are committed to holding the land won in 1967 in a war not even of Israel’s making. Land that was ours decades before, and millenia before, towns whose names were written eons ago in the Bible. They persuade Israel’s military – who rush with an agenda – to clear out the settlers. They figure it will eliminate the “facts on the ground” and create an atmosphere of “peace” with the Arabs.

The saddest and most destructive part of what happened today at Ma’aleh Rehavam, however, is the haste with which the entire demolition was carried out.

What on earth was that about?

Here is a copy of the Supreme Court restraining order, clearly stating that the IDF forces are not to take any steps that carry “irreversible outcomes.”

IDF Troops Ignore Supreme Court, Demolish Jewish Homes in Gush Etzion

Wednesday, May 14th, 2014

IDF commanders dispatched with legal niceties Wednesday and ordered the demolition of seven homes and a kindergarten in the Jewish community of Ma’aleh Rehava’am without waiting for the Supreme Court to rule on the matter.

An IDF legal adviser to the Civil Administration of Judea and Samaria informed Etzion Brigade Colonel Amit Yamin at midday he need not wait to confirm a Supreme Court restraining order against the demolitions in Gush Etzion.  Once Yamin gave the order, security forces moved fast and finished the demolitions before the Court had issued a restraining order.

Copy of Supreme Court restraining order against demolitions at Ma'aleh Rehavam in Gush Etzion. It says: "Do not carry out any actions that create irreversible consequences ."

Copy of Supreme Court restraining order against demolitions at Ma’aleh Rehavam in Gush Etzion. It says: “Do not carry out any actions that create irreversible consequences .”

An officer receives a call while waiting on site at Ma'aleh Rehavam prior to destroying homes and a kindergarten on Wednesday, May 14, 2014.

An officer receives a call while waiting on site at Ma’aleh Rehavam prior to destroying homes and a kindergarten on Wednesday, May 14, 2014.

Early Wednesday, David Perl, head of the Gush Etzion Residents’ Council said that the Court had ordered a stay against the demolitions early in the morning after residents had submitted evidence of having purchased the land on which their homes were built. Those documents formed the basis for the appeal that is currently pending.

A spokesperson for the Supreme Court denied the claim, however, when asked for clarification by the IDF.

As a result, the IDF commander was told by legal counsel not to wait for confirmation. Rather, he was told to simply go ahead and destroy seven private homes and a kindergarten at Ma’ale Rehavam, according to a reporter from the Tazpit news agency on site. The AFP news agency reported that an additional three uninhabited structures were also destroyed.

The IDF officer proceeded to order his troops to demolish the buildings, leaving seven families with children homeless. Hundreds of security forces are on site at the community, where 34 families have built their homes.

“The demolition of homes is an expression of weakness and frailty of our hold in Israel,” Perl said in a statement following the destruction. “But we are not deterred and will not be silent We will continue to build and expand Gush Etzion roots everywhere. We came to this country to build and be built. The time has come to announce to the world our sovereignty over this land.”

Two more Jewish communities, both in Samaria, are slated for similar actions by the government wrecking crews this week: Ramat Gilad near Shechem (Nablus) and in Givat Asaf in the Binyamin region.

Similar demolition orders are rarely issued, let alone carried out against the thousands of illegally-constructed Bedouin and Arab structures dotting the Israeli landscape within the 1949 Armistice lines (known as the “pre-1967 lines.) They are never carried out against the hundreds of thousands carpeting the hillsides in the territory of Area C.

Will Your Child be Born in ‘Israel’?

Tuesday, April 22nd, 2014

The US Supreme Court has agreed to examine the question as to whether or not an American citizen born in Jerusalem can have “Israel” listed on his (or her) passport as their country of birth.

The case is being brought on behalf of Jerusalem (Israel) born, Menachem Binyamin Zivotofsky, a US citizen. Zivotofsky’s parents tried to have Israel listed as his place of birth, but the US State Department didn’t allow it.

The constitutional question is whether only the President can allow Israel to be listed, something no president has allowed to happen so far, or if Congress can pass a law that overrides the president on what is claimed to be a foreign policy issue.

Congress actually passed the law in 2002 as part of the Foreign Relations Authorization Act, but it was never enforced.

As an aside, if an American child is born in Tel Aviv, the passport will say, “Israel” as the place of birth.

Strangely enough, it’s been reported that the Jerusalem Consulate did add the country name for a man born in Jerusalem before 1948, they wrote “Palestine”.

Of course that is very problematic, as there never was a state of Palestine.

At best, the correct location should have been, “British Mandate for Palestine” or even “League of Nations Occupied Turkey”.

US Palestine Passport

The State Department’s and White House’s official policy has been to not recognize Israel’s sovereignty over Jerusalem.

Sounds very one-sided to me.

The case may be decided by June 2015.

Supreme Court Rules Against Minn. Rabbi over Frequent Flier Program

Thursday, April 3rd, 2014

The U.S. Supreme Court unanimously ruled Wednesday against a Minnesota rabbi who claimed he was cut from an airline’s frequent flier program for earning too many miles.

Rabbi Binyamin Ginsberg was one of Northwest Airlines’ top fliers when he was cut from its program in 2008. Northwest has since been absorbed by Delta.

The rabbi, who acquired his frequent flier miles by consulting with educational organizations throughout the country, says the airline was targeting top miles earners. Northwest counters that Ginsberg complained too frequently — 24 times in a seven-month period.

Ginsberg reached the highest level of the WorldPerks program in 2005 before being dropped from the program in 2008, after Northwest and Delta announced their merger.

He sued the airline, claiming breach of contract. The airline said its contract allowed it to cancel membership for abuse of the program.

Court Decision May Help Likud Dump Netanyahu’s Concessions to PA

Monday, February 17th, 2014

The Tel Aviv District Court in one swoop has threatened Prime Minister Binyamin Netanyahu’s ability to carry out concessions to the Palestinian Authority, meaning U.S. Secretary of State John Kerry, and also has made him vulnerable to a rebellion within his Likud party.

The ruling, virtually unnoticed or underplayed by most Israeli media, overthrows an internal Likud court decision that decreed that the head of the party’s Central Committee has the power to convene the committee on police issues, a power that Netanyahu wants only for himself.

The head of the committee happens to be one of Netanyahu’s’ most nationalist Knesset Members, Deputy Defense Minister Danny Danon.

After the internal Likud court overruled the Likud law committee’s decision backing Danon, he appealed to the Tel Aviv court and won his case on Monday. However, Prime Minister Netanyahu is not accepting defeat and will appeal to the Supreme Court.

That will be an interesting show. On the one hand, the High Court has a long history of ruling for democracy, in this case the claim by Danon and supported by the Tel Aviv court that Netanyahu is trying to take totalitarian control of the party.

On the other hand, if the High Court, which historically loves Peace Now and hates nationalists, upholds Danon’s claim, it could put in jeopardy Kerry’s juggernaut that has trampled over the Prime Minister. Netanyahu so far has refused to say “no” for fear of being blamed for standing up against President Barack Obama and wrecking his plan to pronounce instant peace in the Middle East with the creation of a new Palestinian Authority state within Israel’s own borders.

If Danon can convene the Central Committee on issues that Netanyahu wants to decide for himself, such as paving the way for expelling more than 150,000 Jews from Judea and Samaria, dividing Jerusalem and allowing NATO troops to protect Israel from Palestinian Authority terrorists, he could very well win the day and bury Kerry’s blind drive to rub Israel’s nose in the sand at Mahmoud Abbas’ feet.

The only obstacle to a full-scale rebellion within the Likud party is Netanyahu’s power to fire any Cabinet minister and deputy minister who gets in his way. The list is getting longer every day, including Danon, Tzipi Hotovely, Ze’ev Elkin, Yuval Steinitz and Miri Regev, among others.

If the Supreme Court does not change the lower court decision, Prime Minister Netanyahu can easily climb down from his limb, which is getting longer every day and where he is hanging much lonelier than ever, and tell President Obama that “democracy is democracy,” and, “Tough luck, pal.”

If the Likud committee votes its conscience and squashes proposed concessions, and if Prime Minister Netanyahu insists on walking on his knees with Washington, he could face political oblivion.

In 2005, the Liked Central committee voted overwhelmingly against a policy of expelling Jews from Gaza. When Sharon nevertheless tried to get his way in the Knesset Likud, formed the Kadima party and brought along most of the former Likud MKs who wanted their seats of power more than a clean conscience.

Netanyahu, who did not join the parade, does not have the clout that Sharon had.

Trying to for a new party and heading a center-left coalition would be political suicide

But having to swallow the dictates of the party Central Committee would leave him with less power.

Couldn’t happen to a nicer guy.

Printed from: http://www.jewishpress.com/news/court-decision-may-help-likud-dump-netanyahus-concessions-to-pa/2014/02/17/

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