A regional court in Iran has banned a Jewish couple from obtaining German citizenship since Tehran doesn’t recognize the Holocaust. Pretty outrageous?
Actually, as crazy as Iran is such a court decision is unlikely to take place there. But a similar, even more absurd ruling has been made in the United States. According to the Ninth Circuit Court’s circus decision, since the US Administration doesn’t formally recognize the Armenian genocide California cannot have a law allowing Armenian-Americans sue insurance companies to claim their killed ancestors’ policies.
But, how is fine analysis different from Catholic Church’s decision to excommunicate Galileo or Josef Stalin’s decision to promote the fraudulent biological theories of Trofim Lysenko? Both the Church and Stalin also made their factual determinations based on policy.
In Movsesian, the court elevates policy over fact. Instead of undertaking an investigation into whether there was an Armenian genocide, the court resolved the factual question by a policy analysis, which is always a superior way to determine facts.
I am not exactly an expert on the Armenian genocide, but I have read the dispatches from US ambassador Henry Morgenthau. But, I guess his reports cannot be factually correct because they too are contrary to President Obama’s foreign policy and therefore are preempted.
Next week, the 9th Circuit Court of Appeal will issue its long awaited decision on whether our foreign policy requires college professors to teach that the moon is made out of cheese and that Saddam Hussein has weapons of mass destruction.
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