Thursday, March 16, 2017

High Court's Low Ceiling

As being reported

High Court justices have ordered the Interior Ministry to restore the residency rights of a Palestinian man born in East Jerusalem who was denied permission to live in the city after being away for many years... justices Uzi Fogelmen, Meni Mazuz and the court president, Miriam Naor, found in his favor and instructed the ministry to restore his status.

The ruling's significance is in the fact that the justices accepted the principle argued by Abdulhak's attorneys that East Jerusalem residents are not immigrants but have rights due to the fact they were born in the city.  Fogelman wrote that "the interior minister must...consider the special circumstances of these residents – that as opposed to immigrants seeking status – they have a strong affinity to the place where they live, as people born in this area..."

Mazuz added: "Under these circumstances, the appellant ought to be viewed as someone who has renewed their affinity to Israel and considering the special status of East Jerusalem residents as native born 

I have two interrelated questions:

a) does Mr. Abdulhak accept Israeli sovereignty over Jerusalem?

b) is that what "affinity" means?  or is his "affinity" strictly non-Israeli?  and if so, what are the justices doing?

c) and if indeed Abdulhak's argument is what he truly believes, well, then, the Jewish right of return should gain his support as there's no greater affinity to Jerusalem and the Land of Israel as that of the Jews, even if we were not born here.


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