The US Supreme Court is deliberating whether American victims of attacks in Israel and the West Bank can sue the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for damages in US courts.
The case centers on the authority of US courts to hear lawsuits involving the PA and PLO. American victims or their families have filed multiple suits seeking compensation for attacks in the region.
In one notable 2015 case, a jury awarded $654 million to victims of early 2000s attacks, but appeals courts dismissed the lawsuits on jurisdiction grounds.
In 2019, Congress passed the Promoting Security and Justice for Victims of Terrorism Act, which would make the PLO and PA subject to US jurisdiction if found to have provided payments to individuals responsible for harming Americans.
Lower courts ruled that this law violated the due process rights of the PA and PLO, but Supreme Court justices, who hold a conservative majority, seemed inclined to uphold it.
Justice Brett Kavanaugh noted that decisions on national security and foreign policy are the responsibility of Congress and the president, not the courts.
Deputy Solicitor General Edwin Kneedler, representing the Trump administration, supported this view, saying the courts should defer to Congress and the president’s judgment in this matter.
Mitchell Berger, defending the PA and PLO, argued that assigning jurisdiction is beyond Congress’s power. The Supreme Court is expected to issue a ruling by June.
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