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Supreme Court Divided on Law Allowing Terror Victims to Sue Palestinian Groups

Justices weigh constitutionality of 2019 law as oral arguments reveal tensions over due process, national security, and foreign policy.

The U.S. Supreme Court building is seen in Washington, U.S., June 14, 2024. REUTERS/Elizabeth Frantz/File Photo
The Supreme Court building.

Overview

  • The U.S. Supreme Court heard arguments on a 2019 law enabling Americans injured in terrorist attacks abroad to sue the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) in U.S. courts.
  • Justices appeared split on the legal test to apply, with some emphasizing deference to Congress and the executive branch on national security matters.
  • The PA and PLO argue the law violates their constitutional due process rights by imposing U.S. jurisdiction without sufficient connection to the United States.
  • The Biden administration and plaintiffs, including families of terror victims, argue the law is essential for holding foreign entities accountable for harm to U.S. citizens.
  • A decision is expected by June 2025, with potential implications for U.S. jurisdiction over foreign entities, international legal norms, and foreign policy dynamics.