The U.S. Supreme Court heard arguments on Tuesday about a law passed in 2019 that allows Americans who were hurt or killed in attacks abroad to sue Palestinian authorities. The law lets U.S. citizens pursue damages for violence that happened years ago in Israel and the West Bank.
The nine justices reviewed appeals from both the U.S. government and a group of American victims and their families. They challenged a lower court ruling, which said the law violated the Palestinian Authority and the Palestine Liberation Organization’s constitutional rights to due process.
The case comes amid ongoing violence between Israel and the Palestinians. The justices’ questions seemed to suggest they might rule in favor of the victims. Some questions focused on whether Congress and the president have the power to let U.S. courts handle lawsuits over actions that occurred overseas and what connection the defendants must have to the U.S. before they are required to face legal proceedings.
U.S. courts have long debated whether they have the authority to handle cases involving the Palestinian Authority and PLO for actions taken abroad.
The 2019 law, called the Promoting Security and Justice for Victims of Terrorism Act, says the PLO and Palestinian Authority would automatically “consent” to U.S. court jurisdiction if they engage in specific activities in the U.S. or pay people who attack Americans.
Deputy Solicitor General Edwin Kneedler, representing the Trump administration, argued that Congress’ decisions on national security and foreign policy deserve great respect from the courts. “Congress and the president are the ones who make fairness judgments when we’re talking about the national security and foreign policy of the United States,” Kneedler said. Conservative Justice Brett Kavanaugh agreed, saying courts should not interfere unless it goes against other important constitutional principles.
Liberal Justice Elena Kagan raised concerns about giving Congress too much power, which could have foreign policy risks, including retaliation against Americans abroad. “There could well be problems, other countries’ reactions to that, and retaliation perhaps,” Kagan said.
In 2022, a federal judge in New York ruled that the law violated the due process rights of the PLO and Palestinian Authority. The 2nd U.S. Circuit Court of Appeals upheld this decision. The Biden administration appealed, and the case was also supported by the Trump administration.
Mitchell Berger, representing the Palestinian authorities, argued that U.S. courts should respect jurisdictional limits, citing piracy as an example. “The United States can define piracy as an offense, but the United States does not try pirates in absentia,” he said.
The plaintiffs include families who won a $655 million judgment in 2015 in a civil case. They accused Palestinian organizations of responsibility for shootings and bombings around Jerusalem between 2002 and 2004. The group also includes relatives of Ari Fuld, a Jewish settler fatally stabbed by a Palestinian in 2018 in the West Bank.
Kent Yalowitz, representing the plaintiffs, argued that the defendants targeted U.S. citizens. “Wherever in the world you travel, the protection of the United States travels with you,” he said.
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