Supreme Court Allows Family to Seek Justice for Terror Attack

Over six years after the politically charged murder of a Jewish American in the West Bank, the Supreme Court has now opened the door for his family to pursue legal action in the United States.

On Friday, the Court issued a unanimous ruling supporting a 2019 law intended to combat terrorism, enabling victims to take legal action against the Palestinian Liberation Organization (PLO) and Palestinian authorities. This decision was reported by the Wall Street Journal.

“Congress and the President have made decisions aimed at holding the PLO and Palestinian authorities accountable in U.S. courts,” a statement noted, reflecting a comprehensive legal strategy to deter actions that endanger American lives.

The law seeks to enhance security and justice for terrorism victims, asserting that the Palestinian entities accept personal jurisdiction in U.S. civil cases under anti-terrorism regulations, should they be involved in specific actions. This position is documented in the court’s opinion.

The Supreme Court ruled 9-0 that the Act does not breach the due process clause of the Fifth Amendment concerning these organizations. Essentially, there is an understanding that these Palestinian groups consent to personal jurisdiction in civil cases pursued in the U.S.

The majority opinion, authored by Chief Justice John Roberts, emphasized that the law aligns with the government’s broader foreign policy to combat terrorism and safeguard American citizens. He mentioned, “Through the PSJVTA, Congress and the President decided to hold PLOs and PAs accountable in U.S. courts as part of an international effort to combat terrorism.”

This ruling reversed a previous decision made by U.S. District Court Judge Jesse Furman in Manhattan, who had deemed the PSJVTA unconstitutional and dismissed a case brought forward on behalf of Ali Fuld.

Fuld’s family had taken legal action against the PLO and Palestinian authorities following his fatal stabbing in an Israeli settlement in the West Bank in 2018. While Judge Furman acknowledged the moral weight of Fuld’s case, he ultimately dismissed it based on his interpretation of the law’s constitutionality.

This latest decision represents a significant step for families seeking to hold such organizations accountable for American citizens harmed by terrorism in the region.