charonn0

joined 2 years ago
[–] charonn0@startrek.website 0 points 1 year ago (1 children)

Congress has weighed in.

https://theintercept.com/2024/01/16/senate-israel-human-rights-condition-aid/

So this lawsuit is even deader now than it was yesterday.

[–] charonn0@startrek.website 36 points 1 year ago (9 children)
  • The right to make medical decisions on behalf of the other
  • The right to visit the other in the hospital
  • The right to make funeral arrangements for the other
  • The right to survivor's benefits (veteran's benefits, Social Security, private pension, etc.)
  • Income tax breaks and credits
  • Tax breaks on inheritance and estate taxes
  • Tax breaks on money and property transfers between spouses
  • Immigration and naturalization rights
  • Can't be forced to testify against the other (usually)
  • Communications between married partners are privileged from discovery in civil and criminal cases (usually)
  • Joint adoption rights
  • Bereavement leave
  • Joint bankruptcy protection
  • Automatic recognition of the relationship by every state, nation, etc.

Etc. There's something like 1,000 rights, privileges, and responsibilities that attach through marriage only.

[–] charonn0@startrek.website 0 points 1 year ago* (last edited 1 year ago) (3 children)

sigh I don't know what else to say and I'm done wasting my time. Your political belief is that Israel ought to be declared a terrorist state? Fine. But that doesn't change my legal analysis that this lawsuit is DOA.

[–] charonn0@startrek.website 1 points 1 year ago (8 children)

They have also declined to do so many times on the grounds I've pointed out.

Not every law-related complaint is justiciable, not just anyone can have standing, and there are some things that are the exclusive powers of the other two branches. The court can no more force the President to declare Israel a terrorist state than it can force Congress to declare war.

[–] charonn0@startrek.website 0 points 1 year ago (10 children)

Except what they ask for is beyond the power of the courts to grant.

[–] charonn0@startrek.website 1 points 1 year ago* (last edited 1 year ago) (12 children)

It's enforceable by Congress through their oversight and impeachment powers.

[–] charonn0@startrek.website 1 points 1 year ago (14 children)

I don't think that works. You'd still have a situation where the plaintiffs are asking the court to decide US foreign and defense policy.

[–] charonn0@startrek.website 1 points 1 year ago (17 children)

Which US laws are you talking about?

[–] charonn0@startrek.website 2 points 1 year ago (19 children)

I'm referring to the lawsuit itself. It may be "very real", but it's also complete nonsense.

US courts don't rule on political questions, nor do they decide US foreign policy, nor do they provide advisory opinions. This lawsuit fails to state a cognizable claim and seeks relief that is beyond the power of the judiciary to grant.

[–] charonn0@startrek.website 3 points 1 year ago (1 children)

Well, let's see, the lawsuit was filed in the United States, in a US court, and under US laws.

So, obviously, I'm talking about Outer Mongolia.

[–] charonn0@startrek.website 3 points 1 year ago

Have you actually read this lawsuit? It asks for things that US courts simply cannot do.

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