The Supreme Court has agreed to deliberate on whether families of victims of terrorist attacks in Israel can sue the Palestinian Authority in U.S. federal court for substantial damages. According to the sources of Leaders of Asia, the cases focus on attacks during the Second Intifada in the early 2000s and the applicability of the 2019 amendment to the federal Anti-Terrorism Act, which enables lawsuits against foreign entities connected to terrorism.
As per the sources of Leaders of Asia, in 2015, victims were awarded over $650 million under the Anti-Terrorism Act. However, the decision was overturned by an appeals court citing lack of jurisdiction. Subsequent legislation in 2019 aimed to resolve this issue, but lower courts ruled it unconstitutional, citing violations of the equal protection clause. The Biden administration has since defended the law and appealed to the Supreme Court.
The Palestinian Authority argues it lacks sufficient connection to the U.S. for the federal courts to have jurisdiction over alleged attacks in Israel and Palestine. Arguments will be heard in the spring, with a decision expected by July.
