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Supreme Court Reinstates U.S. Lawsuits Against Palestinian Authority and PLO

The court found that the 2019 act meets the Fifth Amendment’s due process requirements by linking jurisdiction over the PLO and PA to activities tied to U.S. interests.

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The U.S. Supreme Court building is seen the morning before justices are expected to issue opinions in pending cases, in Washington, U.S., June 14, 2024. REUTERS/Elizabeth Frantz/File Photo
The Supreme Court of the United States on Feb. 27, 2025, in Washington.
A view of the U.S. Supreme Court building in Washington, U.S., June 17, 2024.

Overview

  • In a 9-0 ruling, the court overturned the 2nd U.S. Circuit’s prior decision and remanded two consolidated cases, including one filed by the family of Ari Fuld, under the 2019 law.
  • Chief Justice John Roberts wrote that Congress may attach personal jurisdiction under the Anti-Terrorism Act when foreign groups’ conduct involves Americans or U.S. territory.
  • The Promoting Security and Justice for Victims of Terrorism Act deems the PLO and PA to have consented to U.S. court jurisdiction if they pay convicted terrorists or maintain activities on U.S. soil.
  • Justice Clarence Thomas, joined partly by Neil Gorsuch, argued in a concurrence that the Fifth Amendment imposes no extraterritorial limits on federal jurisdiction over foreign entities.
  • The ruling clears the way for U.S. victims of early-2000s attacks and a 2018 West Bank stabbing to pursue compensation in American courts.