The specific legal tactic being used by the plaintiffs is "unprecedented," according to the group Taxpayers Against Genocide, and hinges on Huffman and Thompson's votes in favor of the Israel Security Supplemental Appropriations Act in April.
The funding package allocated $26.28 billion in military aid to Israel, which at the time was six months into its bombardment of Gaza and a near-total blockade on humanitarian aid that was pushing the enclave's population of 2.3 million people toward starvation.
Now, Israel has been attacking Gaza for 440 days, and more than 45,000 Palestinians have been killed since the onslaught began. At least 77 Palestinians were killed in Israeli attacks on Thursday, the same day the class action lawsuit was filed and Doctors Without Borders published a report that detailed how the Israel Defense Forces (IDF) have imposed "apocalyptic conditions" on the enclave and how humanitarian workers have seen "clear signs of ethnic cleansing as Palestinians are forcibly displaced, trapped, and bombed."
The plaintiffs in the class action lawsuit argued that Huffman and Thompson's votes in favor of billions of dollars for the IDF abused the lawmakers' "tax and spend" authority and "illegally forced their constituents into being complicit in genocide."
Huffman and Thompson voted for the funding package, the plaintiffs noted, months after the International Court of Justice issued a preliminary ruling in South Africa's genocide case against Israel, finding that Israel's actions had threatened Palestinians' right to be protected from genocide. The case has proceeded for ongoing litigation since the preliminary ruling was announced.
The votes were also taken weeks after Francesca Albanese, the United Nations special rapporteur on the occupied Palestinian territories, issued an extensive report that found Israel was committing acts of genocide in Gaza.
"I trusted Congressman Huffman to call for a cease-fire and to demand that the U.S. follow our own laws in addition to international law," said Robie Tenorio, one of the plaintiffs. "But despite overwhelming documented and corroborated evidence, Congressman Huffman voted in April 2024 to send Israel more offensive weapons, all paid for by U.S. taxpayers."
In March, a month before the vote, Democratic lawmakers urged President Joe Biden to enforce the Humanitarian Aid Corridor Act—Section 620I of the Foreign Assistance Act of 1961, which prohibits the U.S. from providing military aid to any country that is blocking U.S. humanitarian assistance.
The administration threatened in October to cut off military aid within one month if Israel did not prove that it was allowing in sufficient food, water, medicine, and other relief, but the U.S. State Department did not follow through on the threat despite the U.N.'s finding that conditions had not improved.
In January, the Center for Constitutional Rights sued Biden and members of his Cabinet on behalf of several Palestinian groups and individuals, accusing them of failing to prevent genocide in Gaza. The case was dismissed in July.
The lawsuit filed on Thursday argues that Huffman and Thompson violated the U.S. Constitution, the U.N. Convention on the Prevention and Punishment of Genocide, and U.S. federal laws.
Norman Solomon, co-founder of the grassroots advocacy group RootsAction, said at a press conference on Thursday that Huffman has consistently said he supports U.S. military aid to Israel because he "opposes antisemitism."
"As a Jewish-American I find that kind of rationale disgusting, outrageous, and sickening," said Solomon.
Leslie Angeline, a plaintiff from Marin County, California and an organizer with the peace group CodePink, wrote at Common Dreams on Thursday about her hunger strike in protest of U.S. support for Israel, which she ended as the lawsuit was announced.
"I want to tell you what 30 days with no food does to a person, and my experience is made easier by the fact that I have a roof over my head, access to clean water, and a certainty that I won't have to flee my home at any moment," Angeline wrote. "The women my age in Gaza are not given the same luxuries."
"I wake up each morning worrying about the genocide that is happening in Gaza, knowing that if it wasn't for my government's partnership with the Israeli government this couldn't continue. Our government is sending billions upon billions of our tax dollars to slaughter innocent children, mothers and fathers, entire families with bombs and artillery funded by our country," she continued. "I understand that 'my trauma' is nothing compared to what the people of Gaza must be suffering. I can't even imagine the horrors they're being forced to live through or die from."
Maria Barakat, a Palestinian-Lebanese American and plaintiff from Sonoma County, said it was significant that hundreds of Californians "feel empowered by the ability to take meaningful action."
"This class action is only the beginning of the people's exercise of power against the violence of the American government," said Barakat, "and our refusal to be complicit."
