Washington On Friday, the Supreme Court decided to hear a unique case in which Congress stepped in to support terrorist victims’ lawsuits against Palestinian organizations.
The question at hand is whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 unconstitutionally infringes upon the Palestinian Authority’s (PA) and Palestine Liberation Organization’s (PLO) due process rights.
After the 2nd U.S. Circuit Court of Appeals, located in New York, ruled that U.S. courts lacked jurisdiction to hear the claims, Congress—which seldom intervenes in particular cases—stepped in twice.
A number of victims, including the family of Ari Fuld, an American citizen who was murdered by a Palestinian terrorist at a West Bank retail center in 2018, are bringing the underlying claims under the Anti-Terrorism Act. The lower court overturned a $655 million verdict that had previously been won by other plaintiffs in the case.
Whether the defendants “consented” to the jurisdiction of U.S. courts is a technical legal question. In 2019, Congress coerced them by stating that if two requirements were fulfilled, it was presumed they had given their consent.
The defendants must, among other things, have paid a terrorist who was found guilty of carrying out or murdered during a terrorist attack. The second is that within 15 days of the law’s enactment, the organization in question carried out any activity within the United States.
While the PA is in charge of the internal government, the PLO represents the Palestinian people abroad.
The key claim made by the PLO and PA is that the statute is unconstitutional because Congress improperly required them to consent to being sued, infringing on their right to due process.
In court documents, Solicitor General Elizabeth Prelogar stated that the lower court decisions contradict Congress’ finding that the 2019 law was “an important measure to further U.S. interests and protect and compensate U.S. nationals.” The Biden administration requested that the Supreme Court hear the case. Another petition was submitted by the victims of terrorist acts.
Both defendants “have consistently objected” to being hauled before U.S. courts for over a decade, according to the PLO and PA’s attorneys.
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