The Supreme Court has agreed to hear cases involving whether families of victims of terrorist attacks in Israel can sue the Palestinian Authority in federal court for damages amounting to hundreds of millions of dollars. The cases stem from deadly attacks in Israel during the early 2000s, not directly related to the current conflict between Israel and Hamas.
One of the cases involves a federal court awarding victims over $650 million under the federal Anti-Terrorism Act, which allows Americans to sue for damages caused by terrorism. However, the 2nd US Circuit Court of Appeals overturned this verdict, citing lack of jurisdiction over the Palestinian Authority and the Palestine Liberation Organization.
Congress passed a law in 2019 to allow the plaintiffs to bring the Palestinian groups to court after the Supreme Court declined to review the 2nd Circuit's decision in 2018. Lower courts later ruled that the new law violated the equal protection clause, leading the Biden administration to intervene and defend the law.
The plaintiffs criticized the 2nd Circuit's decision as 'dangerous' and 'wrong,' while the Palestinian Authority argued that allowing federal courts to exercise jurisdiction over claims related to attacks in Israel and Palestine would violate due process due to its lack of a significant connection to the United States.
The Supreme Court is set to hear arguments in the spring and issue a decision before July. The outcome of these cases could have significant implications for the ability of victims of terrorist attacks to seek damages in US courts against foreign entities.
