Supreme Court to Decide on Lawsuits Against Palestinian Authorities Over Terrorism Attacks

The Supreme Court has decided to address a long-standing legal issue regarding whether Palestinian authorities can be sued in US courts by Americans affected by terrorism in the Middle East. The federal appeals court in New York has consistently ruled in favour of the Palestine Liberation Organisation (PLO) and the Palestinian Authority (PA), despite legislative efforts to allow victims' lawsuits.

In 2019, Congress enacted a law specifically to enable these lawsuits, but the appeals court struck it down last year. The Supreme Court often takes cases where lower courts have invalidated federal laws. The justices will determine if the 2019 law is unconstitutional, as the 2nd US Circuit Court of Appeals claimed, due to denying fair legal process to the PLO and PA. Arguments are expected in the spring.

Legal Dispute Over Anti-Terrorism Act

The attacks in question occurred in the early 2000s, resulting in 33 deaths and hundreds of injuries, and again in 2018 when a US-born settler was killed by a Palestinian outside a West Bank mall. Victims and their families allege Palestinian agents were involved or incited these attacks. The Biden administration and victims urged the high court to intervene.

Initially, in 2016, the 2nd US Circuit Court of Appeals ruled against victims from attacks two decades ago, overturning a USD 654 million jury verdict. The court stated US courts cannot handle lawsuits against foreign groups for random attacks not targeting the United States. Victims had sued under the Anti-Terrorism Act of 1992, designed to open US courts to international terrorism victims.

Congressional Amendments and Legal Challenges

The jury had found the PLO and PA responsible for six attacks, awarding USD 218 million in damages, which was automatically tripled under the law. After the Supreme Court rejected an appeal from victims in 2018, Congress amended the law again to ensure victims could access US courts.

This case highlights ongoing tensions between legislative intent and judicial interpretation regarding international terrorism lawsuits. The outcome could significantly impact how such cases are handled in US courts moving forward.

The Supreme Court's decision will clarify whether Congress's amendments align with constitutional principles, potentially setting a precedent for future cases involving foreign entities and terrorism-related lawsuits.