A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit seemed skeptical Monday of its authority to rule on a lawsuit that alleges the Biden administration’s support of Israel’s war efforts in Gaza violates international laws barring genocide.

Judge Jacqueline Nguyen questioned whether the claims, brought by several Palestinian rights groups, fail under the political questions doctrine. U.S. District Judge Jeffrey White of the Northern District of California dismissed the lawsuit last year, saying Israel’s treatment of Gazans may well constitute genocide, but that aid to Israel is a foreign policy question that the courts cannot get involved in.

Ninth Circuit Judge Jacqueline Nguyen. Courtesy photo