The Justice Department’s petition to the Supreme Court regarding the 2019 law allowing terror victims‘ lawsuits against the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) to proceed has sparked significant interest and debate. This move comes in response to previous court decisions dismissing such cases due to lack of personal jurisdiction, prompting Congress to pass a law granting federal courts the authority to hear these lawsuits.
The Biden administration’s petition, docketed on Monday, seeks to challenge a lower court decision that found the 2019 law violated constitutional due process protections under the Fifth Amendment. The administration argues that this ruling undermines Congress’s intent to further U.S. interests and provide compensation to American nationals affected by acts of terrorism.
Two underlying cases brought by U.S. citizens injured in attacks, or their survivors, have been at the center of this legal battle. The first case involves 11 American families who sued the PA and PLO for attacks in Israel, winning a significant judgment in 2015. The second case was brought by the family of Ari Fuld, an Israeli American fatally stabbed in the West Bank in 2018.
The Fuld family’s appeal to the Supreme Court has garnered bipartisan support, with the House filing a friend-of-the-court brief endorsed by House leadership from both parties. Former Secretary of State Mike Pompeo and a bipartisan group of lawmakers, including Sen. Chuck Grassley, Sen. Richard Blumenthal, Sen. Tammy Duckworth, Sen. Marco Rubio, Sen. Chris Coons, and Rep. Jerry Nadler, have also expressed their support for upholding the 2019 law.
The implications of this legal battle extend beyond the specific cases at hand. If the Supreme Court upholds the 2019 law, it could set a precedent for holding foreign entities accountable for acts of terrorism against American citizens. It would also send a strong message that the U.S. is committed to seeking justice for victims of international terrorism and deterring future attacks.
In conclusion, the Justice Department’s petition to the Supreme Court regarding terror victims‘ lawsuits against the PA and PLO represents a crucial step in the pursuit of justice for American citizens affected by acts of terrorism. The outcome of this legal battle will not only impact the specific cases involved but also have broader implications for U.S. policy on combating terrorism and holding perpetrators accountable.