Supreme Court rules terrorism victims can sue Palestinian authorities

The Supreme Court on Friday ruled that American victims of terrorist attacks in the Middle East can sue Palestinian authorities. In a unanimous decision, the court held that the Promoting Security and Justice for Victims of Terrorism Act of 2019, which permits such lawsuits, does not violate the due process rights of the Palestine Liberation Organization or the Palestinian Authority.

The law mentions both organizations by name and lays out two situations in which it shall be legally assumed that American courts have jurisdiction over them. The first example is when either organization pays salaries to known terrorists or their families. The second is when either organization operates an office within the United States. The Supreme Court’s Friday ruling said such foreign policy matters were within the political branches’ authority and served legitimate government aims, such as protecting American citizens, and thus the law does not violate the due process rights of the Palestine Liberation Organization or the Palestinian Authority.

Who brought the case? The lawsuit before the Supreme Court combined several cases brought by victims of terrorist attacks or their family members. The United States was also a plaintiff. They sued the Palestine Liberation Organization, a U.S.-designated terrorist organization based in the West Bank and the Gaza Strip, for allegedly playing a role in the attacks.

A lower court, the 2nd U.S. Circuit Court of Appeals, in 2016 tossed out a $654 million jury verdict in favor of some of the victims, on the grounds that U.S. courts didn’t have jurisdiction. The Supreme Court also rejected the victims’ appeal in 2018. Congress then passed its law clarifying that U.S. courts should be able to handle such cases.

What happens now? The Supreme Court reversed the 2nd Circuit’s decisions and sent the victims’ cases back to that court for further proceedings.

Dig deeper: Read Christina Grube’s report on the Supreme Court’s decision in favor of a vape company that sued the Food and Drug Administration.