The U.S. Supreme Court is evaluating the legality of a 2019 law designed to enable American victims of overseas attacks to sue Palestinian authorities for damages. The case, brought by victims and their families, challenges a lower court’s ruling that the law violates the due process rights of the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) under the U.S. Constitution.
The justices scrutinized whether Congress and the president have the authority to extend U.S. court jurisdiction over foreign entities based on their financial activities or interactions within the United States. The law in question, known as the Promoting Security and Justice for Victims of Terrorism Act, asserts that the PA and PLO implicitly accept U.S. legal jurisdiction by conducting certain transactions or making payments related to attacks on Americans.
Debate in the courtroom focused on the balance between national security, foreign policy, and constitutional protections. Some justices seemed inclined to uphold the law, emphasizing Congress’s role in setting these policies. Others, however, raised concerns about the broader implications of such legal reach, including potential retaliation against U.S. citizens abroad.
The case has deep roots, tied to past legal battles over the PA and PLO’s responsibility for violent incidents in Israel and the West Bank. Among the plaintiffs are families who previously secured a $655 million judgment in a case linking Palestinian groups to attacks in Jerusalem between 2002 and 2004, as well as relatives of Ari Fuld, an American-Israeli fatally stabbed in 2018.
A ruling is expected by the end of June, with significant implications for both international law and U.S. foreign relations.
