SCOTUS to hear case involving ability of US victims of Middle East attack to sue Palestinian Authority

 December 8, 2024

A bombshell case regarding Americans killed or hurt in the Middle East by terrorist attacks has made its way to the U.S. Supreme Court.

According to the Associated Press, the high court will soon decide if Palestinian Authorities can be sued in the United States by Americans killed or wounded in terror attacks that occurred in the Middle East. 

The eventual decision will be a culmination of years of court battles regarding the situation.

Despite Congress fighting to allow those U.S. citizens to have their cases heard, a New York-based federal appeals court has already ruled in favor of the Palestine Liberation Organization and the Palestinian Authority.

What's going on?

The New York federal appeals court decision, which was rendered last year, shot down a previous law passed in 2019 that would have allowed U.S. citizens in that scenario to file suit.

Because a lower court invalidated a federal law, the situation made its way to the Supreme Court, which is usually the case in such scenarios.

The AP noted:

The question for the justices is whether the 2019 law is unconstitutional, as the 2nd U.S. Circuit Court of Appeals found, because it denies fair legal process to the PLO and PA. The case probably will be argued in the spring.

It was reported that both the victims of such attacks and the Biden administration had urged the high court to take the case.

The AP added:

The attacks occurred in the early 2000s, killing 33 people and wounding hundreds more, and in 2018, when a U.S.-born settler was stabbed to death by a Palestinian assailant outside a busy mall in the West Bank.

Violation of rights?

The Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) both argued that the Promoting Security and Justice for Victims of Terrorism Act, passed in 2019, is a violation of their due process rights.

They argued that as a result of the law passed by Congress, they were forced to consent to be sued.

Both groups claimed that the law is ultimately unconstitutional.

It'll be interesting to see how the high court decides in the matter, as high-profile figures from both sides of the political aisle support the law and believe it should remain in place.

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