The U.S. Supreme Court is reviewing a 2019 law designed to make it easier for American victims of attacks abroad to sue Palestinian authorities. At the heart of the case is whether the law violates the constitutional rights of the Palestinian Authority (PA) and Palestine Liberation Organization (PLO).
During arguments, justices explored how far Congress and the president can go in granting U.S. courts jurisdiction over foreign entities. The law in question, the Promoting Security and Justice for Victims of Terrorism Act, assumes the PA and PLO consent to U.S. court jurisdiction if they engage in certain activities within the country or financially support attackers of Americans.
Lower courts previously struck down the law, ruling that it infringes on the due process rights of the Palestinian groups. The U.S. government and victims’ families have appealed, with a decision expected by June.
Some justices signaled support for the plaintiffs, questioning whether foreign policy concerns should override the ability of American victims to seek justice. Others, however, warned of potential diplomatic consequences, including retaliation against U.S. citizens abroad.
This case follows years of legal battles over whether American courts can hold Palestinian organizations accountable for violence overseas. Among the plaintiffs are families of victims from attacks in Israel and the West Bank, including those who previously won a $655 million civil judgment against the PA and PLO in 2015.