The U.S. Supreme Court has agreed to hear cases that could determine if families affected by terrorist attacks in Israel are permitted to sue the Palestinian Authority in U.S. federal courts for substantial damages.
Two pivotal cases have reached the Supreme Court, one initiated by family members of terrorism victims targeting the Palestinian Authority and the Palestine Liberation Organization, and the other involving the Biden administration, which supports these families. These cases stem from a series of fatal attacks in Israel during the Second Intifada in the early 2000s. Although not directly linked, this legal showdown occurs amid ongoing tensions between Israel and Hamas.
In 2015, one of these cases resulted in a federal court awarding victims over $650 million in accordance with the federal Anti-Terrorism Act. This law allows U.S. citizens to seek compensation for damages inflicted by acts of terrorism. However, the 2nd U.S. Circuit Court of Appeals later reversed this decision, arguing the courts had no jurisdiction over the entities being sued, namely the Palestine Liberation Organization and the Palestinian Authority.
Previously, the Supreme Court chose not to examine this appellate decision in 2018. Then, Congress enacted a law in 2019 enabling plaintiffs to pursue legal action against these Palestinian organizations. However, subsequent rulings by lower courts deemed this new law a violation of the equal protection clause. The Biden administration intervened, defending the law and appealed to the Supreme Court by August, challenging the 2nd Circuit’s controversial decision, which they labeled as ‘more than dangerous’ and ‘flat wrong.’
The Palestinian Authority, in its defense, asserted in its Supreme Court briefing that allowing U.S. federal courts to preside over these claims would breach due process. Their argument hinges on the lack of a substantial constitutional connection to the United States, contending that managing claims about alleged assaults in Israel and Palestine requires jurisdiction beyond U.S. borders.
Oral arguments are scheduled for the upcoming spring session, with a conclusive verdict anticipated by July of the following year. This decision will not only affect these particular cases but may also set a significant precedent for how similar international claims are handled in U.S. courts.
The Supreme Court’s forthcoming decision on these lawsuits represents a critical juncture in the pursuit of justice for victims of terrorism and could redefine the reach of U.S. legal jurisdiction in international terrorism cases.
Source: Cnn
