Tuesday, September 18, 2007

U.S. 9th Circuit Court of Appeals Dismissal of Appeal of Complaint Against Caterpillar for sales to Israel

The U.S. 9th Circuit Ct. of Appeals has dismissed a case in which 16 relatives of deceased Arabs from the Palestinian Authority and one American Rachel Corrie, had sought to collect damages against Caterpillar, Inc. for war crimes and other human rights violations.

In a unanimous decision yesterday, Corrie v. Caterpillar, Inc. No. 05-36210; D.C. No. CV-05-05192-FDB Judge Kim Wardlaw said, "...The Supreme Court has indicated that disputes involving political questions lie outside of the Article III jurisdiction of the federal courts, see, Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208-215...We hold that if a case presents a political question, we lack subject matter jurisdiction...the conduct of the foreign relations of our government is committed by the Constitution to the executive and legislative Branches...and the propriety of what may be done in the exercise of political power is not subject to judicial inquiry or decision, see Oetijen v. Cent Leather Co. 246 U.S. 297-302...Allowing this action to proceed would necessarily require the judicial branch of our government to question the political branches decision to grant extensive military aid to Israel...We cannot intrude into our government's decision to grant military assistance to Israel, even indirectly by deciding this challenge to a defense contractor's sales..."

Speaking to the New York Sun, Maria LaHood, Atty for the Appellants said, "...the decision was a huge disappointment..."

In the on-going war against Arab Terrorist Thugs, the IDF has deployed Caterpillar Bulldozers to clear destroyed vehicles from roads, raze homes which hold snipers, burying weapons smuggling tunnels and opening routes to armored fighting vehicles.

The U.S. Military has deployed several of these bulldozers for operations in Afghanistan and Iraq.