The Supreme Court unanimously ruled that Americans harmed by terrorist attacks overseas can sue in U.S. courts.
The decision reverses a federal appeals court finding that U.S. courts could not hear cases on terrorist attacks occurring outside of the country. Instead, the Supreme Court ruled that the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) does not violate the Palestinian Authority (PA) and Palestine Liberation Organization (PLO)’s due process rights.
“The federal government has an exceedingly compelling interest, as part of its comprehensive efforts to deter international terrorism, in providing a forum for American victims to hold the perpetrators of such acts accountable,” Chief Justice John Roberts wrote. “For similar reasons, American plaintiffs have a strong interest in seeking justice through an ATA damages action in U.S. courts.”
“It is permissible for the Federal Government to craft a narrow jurisdictional provision that ensures, as part of a broader foreign policy agenda, that Americans injured or killed by acts of terror have an adequate forum in which to vindicate their right to [Anti-Terrorism Act] compensation,” Roberts added in the ruling.
Justice Clarence Thomas noted in a concurring opinion that he was “skeptical that entities such as the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) enjoy any constitutional rights at all, let alone qualify as ‘person[s]’ for purposes of the Fifth Amendment.”
“The Due Process Clause of the Fifth Amendment places no territorial limitation on Congress’ ability to call parties to answer,” Thomas added.
U.S. Court of Appeals for the Second Circuit ruled in 2023 that cases involving overseas terror victims could not be heard because the incident took place outside the jurisdiction of the United States.
