March, 29 2016, 02:30pm EDT
Senate's Obstruction Could Cost Taxpayers, Litigants
Today's Deadlock In Friedrichs v. California Teachers Assn. Is a Sign of What's to Come
WASHINGTON
Statement by Stephen Spaulding, Common Cause Legal Director and Senior Policy Counsel
Today's Supreme Court deadlock in Friedrichs v. California Teachers Association demonstrates how the obstructionist tactics of Sen. McConnell and his allies risk wasting time and money for litigants and taxpayers for the next year, and perhaps longer. We are almost certain to see more such 4-4 splits unless the Senate does its job on the nomination of Judge Merrick Garland. This is the second 4-4 split decision in the past seven days.
With 4-4 split decisions, the issues involved often will be left in legal limbo and may have to be re-litigated in the lower courts with new plaintiffs and defendants before returning to the Supreme Court - perhaps years from now.
Litigation is expensive in addition to being time-consuming. According to Sen. McConnell, the Senate will not even consider a replacement for Justice Scalia until after January 2017, which would risk additional 4-4 split decisions for nearly two full Supreme Court terms.
At SenateDoYourJob.org, the Garland-Kennedy Countdown Clock is ticking away, tracking the 84 days between when Republican President Ronald Reagan nominated Justice Kennedy to the court and a Democratic majority in the Senate confirmed him, 97-0. With 70 days to go, the pressure is mounting, especially for senators who face election this year; public opinion surveys consistently show a growing number of voters are appalled by the obstructionist tactics of Majority Leader McConnell.
It has been almost two weeks since the President did his job by nominating Judge Garland; two weeks wasted while Sen. McConnell plays politics with the Constitution and our nation's highest court.
Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.
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No 'Clear Message of Peace': Russia, China, and Algeria Vote Down US Gaza Resolution
"Only by ceasing hostilities we can alleviate the immense suffering and ensure that large-scale humanitarian assistance reaches those in need," said Algeria's ambassador to the United Nations.
Mar 22, 2024
This is a developing news story... Please check back for updates...
Russia and China on Friday vetoed a U.S. resolution at the United Nations Security Council that called a Gaza cease-fire "imperative" but stopped short of demanding a halt to Israel's monthslong assault on the besieged enclave.
Algeria, which does not have veto power, joined Russia and China in opposing the U.S. resolution, which 11 Security Council members supported. Guyana abstained.
Friday's 11-3-1 vote came just over a month after the U.S. used its veto power to tank an Algeria-led resolution demanding "an immediate humanitarian cease-fire that must be respected by all parties."
Amar Bendjama, Algeria's ambassador to the U.N., said Friday that he was speaking not only for his country "but as a representative of the whole Arab world" as he explained their shared opposition to the U.S. resolution. Bendjama said Algeria proposed edits to the U.S. draft, but the final resolution left central concerns "unaddressed."
"We echoed the demands of millions of people and humanitarian actors for an immediate cessation of hostilities," said Bendjama. "Regrettably, the draft resolution falls short of our expectations. It fails to adequately address these main issues and the immense suffering [being endured] by the Palestinian people."
"Those who believe that the Israeli occupying power will choose to uphold its international legal obligation are mistaken," he argued. "They must abandon this fiction."
Bendjama, who cited the 32,000 people killed by Israel so far and the tens of thousands more wounded or permanently disabled, said the draft of the resolution "does not convey a clear message of peace" and "tacitly allows for continuing civilian casualties and lacks clear safeguard to prevent further escalation."
Russia's ambassador to the U.N., Vassily Nebenzia, argued the U.S. resolution was "not enough" and accused the Biden administration of "deliberately misleading the international community."
Outside analysts also criticized the U.S. resolution. Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, said that while the resolution is "significantly stronger" than previous U.S. drafts, "it still falls short of a clear and unequivocal demand for an unconditional cease-fire."
Craig Mokhiber, a former U.N. official who resigned in late October over the international body's failure to respond to Israel's assault on Gaza, said the U.S. measure "is not a cease-fire resolution. It is a ransom note."
Instead of clearly demanding a cease-fire, the U.S. resolution proposed more ambiguous language expressing "the imperative of an immediate and sustained cease-fire to protect civilians on all sides, allow for the delivery of essential humanitarian assistance, and alleviate humanitarian suffering."
The resolution also tied support for a cease-fire to "the release of all remaining hostages."
Parsi said in a statement Friday that "undoubtedly, Biden's rhetorical shift in favor of a ceasefire is noteworthy, but the devil is in the details."
"The unnecessarily convoluted operative clause raises concerns that this shift is less straightforward than it could and should be," Parsi added.
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UN Panel Says IDF Appears Set on 'Physical Destruction of Palestinian Children'
"Children in Gaza can no longer wait, as each passing minute risks another child dying of hunger as the world looks on," said the United Nations Committee on the Rights of the Child.
Mar 22, 2024
A United Nations panel said Thursday that the Israeli military's siege of Gaza appears "calculated to bring about the physical destruction of Palestinian children," pointing to the growing number of kids starving to death as Israel obstructs the delivery of humanitarian aid.
"They are cut off from food, even crumbs are not easy to find," the U.N. Committee on the Rights of the Child said in a statement. "A little girl wept in front of the BBC's camera, crying, 'I miss bread.' The occupying power has blocked or severely restricted food and other life-essential supplies and aid."
At least 27 children have died of malnutrition or dehydration in recent weeks, a toll that the U.N. panel said is "likely to be significantly higher" and is "set to rise" as Israel's blockade and attacks on aid convoys continue. An alarming analysis released earlier this week by the Integrated Food Security Phase Classification found that Gaza's entire population—roughly half of which is children—is "facing high levels of acute food insecurity."
"Children in Gaza can no longer wait, as each passing minute risks another child dying of hunger as the world looks on," the U.N. committee said.
Children are also at high risk from ongoing Israeli bombings, which have inflicted immense physical and psychological suffering on Gaza's children. Israel's military has killed more than 13,000 children in the territory since October 7, a figure that the United Nations Children's Fund (UNICEF) called "astronomically horrifying." Save the Children estimated that between October and January, an average of more than 10 children per day in Gaza lost one or both of their legs due to Israeli attacks.
"I think these numbers that we're seeing out of Gaza are just staggering," Catherine Russell, UNICEF's executive director, said earlier this week. "We haven't seen that rate of death among children in almost any other conflict in the world."
The UN Committee on the Rights of the Child #UNCRC delivers its strongest statement. Gaza: Halt the war now to save children from dying of imminent famine. #childrensrights @lexpsy pic.twitter.com/uXHtxonlVz
— UNChildRights (@UNChildRights1) March 21, 2024
The U.N. panel on children's rights called attention to the International Court of Justice's (ICJ) January ruling ordering the Israeli government to "enable the provision" of humanitarian aid and do everything in its power to prevent acts of genocide—directives that Israel has been accused of systematically violating.
"Since the ICJ order on 26 January, and as of 19 March, an average of over 108 Palestinians have been killed and another 178 injured every day in Gaza, and children are amongst them," the committee said Thursday. "The looming invasion of Rafah will take the fragile situation to the breaking point, putting the lives of 600,000 children at immediate risk, and will rapidly reach the tipping point of famine."
"While reiterating its calls for the remaining children held hostage to be released immediately," the panel added, "the committee also calls on all parties, including the General Assembly and the Security Council, for an immediate humanitarian cease-fire to protect hundreds of thousands of innocent children's lives."
The statement came as the United States, Israel's chief arms supplier, proposed a draft U.N. Security Council resolution declaring that an "immediate cease-fire" is "imperative." The U.S. has repeatedly stonewalled and vetoed cease-fire resolutions at the Security Council in recent months even as its top officials, including President Joe Biden, have expressed concerns about the grisly civilian death toll in Gaza.
In a scathing op-ed for The Guardian on Thursday, U.N. Special Rapporteur on Human Rights Defenders Mary Lawlor wrote that "the international human rights architecture is creaking under the weight of the hypocrisy of countries who profess support for a rules-based order yet continue to provide weapons to Israel that kill more innocent Palestinians."
"There exist no moral arguments," wrote Lawlor, "that can justify the continued sale of weapons to Israel by states that respect the principle of the universality of human rights."
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'Everyone in the World Needs to See This': Footage Shows IDF Drone Killing Gazans
"There is no way they could have been considered combatants," said one writer and analyst. "This is unreal."
Mar 21, 2024
Adding to the mountain of evidence that Israel is engaged in a genocidal war on the Gaza Strip, Al Jazeera on Thursday aired footage of what the news outlet reported was an Israeli drone targeting four Palestinians in Khan Younis last month.
Those killed by the unmanned aerial vehicle in the rubble of the southern Gaza city appear to be unarmed teenagers or young men. According to a translation of the coverage, they were not identified in the reporting.
While Al Jazeera deemed footage "too graphic" to be included on its daily live blog covering the war, a clip of it quickly spread on social media, where critics of the Israel Defense Forces operation expressed outrage.
"OUTRAGEOUS even after months of outrages," declared Palestinian American political analyst Yousef Munayyer. "This video shows an Israeli military drone literally stalking four unarmed civilians posing no threat and eliminating them one after the other!!!"
Tariq Kenney-Shawa, Al-Shabaka's U.S. policy fellow, said: "This is among the worst footage I've seen. Not only were these boys clearly unarmed and present no threat whatsoever, but they were struck multiple times even after stumbling/crawling away. There is no way they could have been considered combatants. This is unreal."
Note: The following video contains graphic images.
Assal Rad, an author with a Ph.D. in Middle East history, said: "Have we ever seen so many war crimes take place right before our eyes? Any country still providing weapons and aid to Israel is complicit in these crimes."
Exiled American whistleblower Edward Snowden asserted that "everyone in the world needs to see this. Note that this footage permits no room for 'it was a mistake,' showing repeated, specifically targeted strikes on the unarmed and even wounded."
"The sort of behavior the ICJ explicitly forbid in the genocide ruling against Israel," added Snowden, referencing the International Court of Justice's preliminary order in January for an ongoing case led by South Africa.
Since the ruling, rights groups around the world have accused Israel of ignoring the ICJ order by continuing to bomb and starve people across Gaza. The mounting casualties—at least 31,988 killed and 74,188 wounded—have elevated demands for the U.S. government to end arms transfers to Israel.
The United States gives its Middle East ally $3.8 billion in annual military aid and since the Israeli assault was launched in retaliation for a Hamas-led attack on October 7, the Biden administration has sought $14.3 billion more while bypassing Congress to send more weapons. U.S. President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin face a genocide complicity case in federal court.
While the Biden administration has repeatedly vetoed and opposed cease-fire resolutions at the United Nations Security Council and General Assembly, Nate Evans, a spokesperson for Linda Thomas-Greenfield, the U.S. ambassador to the U.N., confirmed Thursday that the United States plans to unveil a new one on Friday.
The resolution will "unequivocally support ongoing diplomatic efforts aimed at securing an immediate cease-fire in Gaza as part of a hostage deal, which would get hostages released and help enable a surge in humanitarian aid," Evans told Al Jazeera. "This resolution is an opportunity for the council to speak with one voice to support the diplomacy happening on the ground and pressure Hamas to accept the deal on the table."
Blinken said Thursday that "there's a clear consensus around a number of shared priorities. First, the need for an immediate, sustained cease-fire, with the release of hostages. That would create space to surge more humanitarian assistance, to relieve the suffering of many people, and to build something more enduring."
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