Abusharar
Abusharar v. Hagel
Opinion
Lead Opinion
Guilford, J.
Proceedings: [IN CHAMBERS] ORDER GRANTING MOTION TO DISMISS
Lisa Bredahl, Deputy Clerk.
This case essentially asks this Court to determine American foreign policy. The Court cannot do so. Plaintiff Akram Abu-sharar (“Plaintiff’) filed this case against United States Secretary of State John Kerry and Secretary of Defense Chuck Hagel (together, “Defendants”), seeking to enjoin them, in their official capacities, from providing military support to Israel. (Complaint, Dkt. No. 1.) Defendants filed a Motion to Dismiss arguing that (1) Plaintiff lacks standing to bring this suit, (2) there is no private right of action under the Leahy Amendment, and (8) the claim is a nonjusticiable political question. (“Motion,” Dkt. No. 7.) The Court agrees on all three points. The Motion is GRANTED.
BACKGROUND
Plaintiff is a Palestinian-American lawyer who lives in Anaheim, California. (Compl. ¶ 3.) Plaintiff alleges that he owns a home in the Gaza Strip that was recently destroyed in a bombing by the Israeli military. (Id. ¶¶ 6-7.) He further alleges that the United States government provided the weapons used in the bombing. (Id. ¶ 7.) Finally, he alleges that his brother was killed in 1988 by…