The U.S. Supreme Court agreed on Friday to resolve a dispute over whether Americans killed or injured in Palestinian terrorist attacks can sue Palestinian Authority entities in U.S. courts.
The dispute has produced conflicting rulings. Legislation meant to hold Palestinian authorities accountable was struck down as unconstitutional by a federal appeals court. This produced fresh countermoves. Now the Supreme Court has agreed to review the issue and deliver a definite ruling, probably sometime next year.
The Supreme Court decided to hear two cases, CNN reported: One from family members who sued the Palestinian Authority and the Palestine Liberation Organization, and another from the Biden administration, which is also arguing for the court to rule on such lawsuits.
In previous rulings by lower courts on such claims, some judges ruled that the U.S. justice system lacked jurisdiction.
The bereaved relatives whose petition the Supreme Court agreed to hear were awarded $650 million by a lower court in 2015 under the federal Anti-Terrorism Act, which permits Americans to sue for damages caused by terrorism.
But the 2nd U.S. Circuit Court of Appeals reversed that verdict, ruling that courts lacked jurisdiction over the PLO and P.A.
The Supreme Court declined to review that ruling in 2018. Congress then enacted a law in 2019 that allowed the plaintiffs to haul the Palestinian groups into court. However, the 2nd U.S. Circuit Court of Appeals last year struck down that legislation as well, saying it was unconstitutional.
The attacks, spanning from the early 2000s to 2018, resulted in 33 deaths, including that of a U.S.-born man in Samaria, and hundreds of injuries. Victims claim Palestinian agents either committed or incited the violence.
The Supreme Court’s decision in this case could create a precedent that would impact the scope of U.S. jurisdiction over international terrorism cases.
