ACLJ Amicus Brief Helps Secure Historic U.S. Supreme Court Win for American Victims of Anti-Israel Terror

Today marks a monumental victory for American victims of terrorism and their families. In a unanimous decision in Fuld v. Palestine Liberation Organization, the Supreme Court of the United States delivered a crushing blow to the Palestine Liberation Organization (PLO) and Palestinian Authority (PA), ruling that they can be held accountable in American courts for their role in financing and supporting terrorism that kills and injures American citizens.

The ACLJ is proud to have played a crucial role in this historic victory. Our legal team filed a comprehensive amicus brief urging the Supreme Court to reach exactly this outcome – and today, the Court delivered justice for the American people.

A Victory Built on Justice, Not Technicalities

For too long, the PLO and PA have hidden behind legal technicalities to avoid accountability for their systematic campaign of terror financing. These organizations have been paying salaries to imprisoned terrorists and providing financial support to the families of deceased terrorists – what Congress has rightly condemned as “an incentive to commit acts of terror.”

Today’s unanimous decision, in an opinion written by Chief Justice Roberts, makes clear that when foreign terrorist organizations target American citizens, they cannot simply claim immunity from American justice. The Court ruled that the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) properly allows federal courts to exercise jurisdiction over the PLO and PA when they engage in this unconscionable conduct.

The October 7 Context: Why This Victory Matters More Than Ever

This victory comes at a critical time. Since the horrific October 7, 2023, Hamas terrorist attacks that murdered over 1,200 innocent people, including dozens of Americans, the world has witnessed the devastating consequences of Palestinian terrorism with unprecedented clarity. The barbaric nature of those attacks – the deliberate targeting of families, children, and civilians – has exposed the true face of Palestinian terrorism that American families have been suffering from for decades.

In the aftermath of October 7, we have seen:

• Increased Hamas and Palestinian terrorist activity targeting civilians across Israel and the region
• Systematic glorification of terrorism by Palestinian leadership and institutions
• Continued “pay-for-slay” programs that reward terrorists and their families with financial incentives
• Rising antisemitism and support for terrorist organizations on American college campuses and in some political circles

The families represented in today’s case – Americans killed and wounded in Palestinian terrorist attacks – have been fighting for justice for years. They represent the same innocent victims we saw on October 7: people whose only “crime” was being American, being Jewish, or simply being in the wrong place when Palestinian terrorists decided to murder innocent people.

Since October 7, we have seen increasing attacks by various Iranian proxies like Hamas and now Iran itself. The United States has consistently recognized Israel’s inherent right to self-defense under international law. When Iran deliberately targets hospitals, schools, and residential areas, it’s not just attacking Israel – it’s attacking the values of human dignity and respect for civilian life that America and Israel both champion.

We must remember that Iran is not just Israel’s enemy – it’s America’s enemy too. The same regime that chants “Death to America” in its parliament halls is the one deliberately targeting Israeli civilians. Iran’s actions through proxies like Hamas and the PA represent a direct challenge to the international order that America has helped build and defend. Opening doors to accountability in American courts is a crucial part of holding Iran and its proxies responsible for their crimes.

The Legal Significance: Holding Terrorists Accountable

The Supreme Court’s decision resolves a critical constitutional question. The lower court held that the PSJVTA violates the due process rights of the PA and PLO. The Supreme Court unanimously rejected that absurd conclusion and held that jurisdiction was properly tied to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.

Key aspects of this victory include:

1. Closing the Jurisdiction Loophole: The Court rejected the PLO and PA’s argument that they could avoid American courts by claiming insufficient “contacts” with the United States. When you pay terrorists to kill Americans, you subject yourself to American justice.

2. Recognizing Federal Authority: The Court properly distinguished between state court jurisdiction (limited by federalism concerns) and federal court jurisdiction (empowered by national sovereignty and foreign policy authority).

3. Validating Congressional Action: The Court upheld Congress’ determination that the PLO and PA’s terrorist financing activities are sufficient grounds for federal court jurisdiction.

The Supreme Court emphasized:

In respectively passing and signing the PSJVTA into law, Congress and the President made a considered judgment to subject the PLO and PA to liability in U.S. courts as part of a comprehensive legal response to “halt, deter, and disrupt” acts of international terrorism that threaten the life and limb of American citizens.

ACLJ’s Role in This Victory

The ACLJ has been at the forefront of the legal fight against Palestinian terrorism for years. As we

explained when we filed our brief:

Congress passed a law providing that if the PLO and PA continued to engage in this conduct, they would face consequences. They never stopped. The organizations admittedly continue making these payments despite clear congressional notice that doing so would subject them to American courts. Our brief emphasized that the PLO and PA have even expressly admitted to the Supreme Court that they have made payments to terrorists who killed or injured Americans in the past and that they intend to do so in the future. They purport to justify those payments under their “laws” as a purported country that the United States does not recognize; regardless, the terroristic murder of Americans remains a crime under American law for which Congress can enact consequences.

This decision opens the door for American victims of Palestinian terrorism to finally obtain the justice they have been denied for decades. Future American victims of Palestinian terrorism will have a clear path to justice, and terrorist organizations worldwide are now on notice that targeting Americans has consequences.

Congress passed and President Trump signed into law during his first term the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA). This law represents a powerful legislative tool in our nation’s ongoing battle against international terrorism and was crafted with precision to provide American victims with a clear path to justice. Thanks to this Supreme Court ruling, the “pay-for-slay” program financing terrorism, a program we have long opposed, is now officially subject to American legal accountability, and Congress’ authority to protect American citizens from international terrorism has been vindicated.

The Fight Continues

While today’s victory is monumental, the ACLJ recognizes that this is just one battle in the broader war against terrorism. The PLO and PA will undoubtedly continue their efforts to avoid accountability, and new challenges will emerge as terrorist organizations adapt their tactics.

The ACLJ remains committed to:

• Supporting American victims of terrorism in their pursuit of justice
• Advocating for strong anti-terrorism policies that protect American citizens
• Opposing efforts to legitimize Palestinian terrorism or provide financial support to terrorist organizations
• Defending Israel's right to self-defense against Palestinian and Iranian-backed terrorism

This victory represents more than just a legal win – it represents a defense of American values in the face of terrorism. At a time when some seek to equivocate between terrorist organizations and their victims, and some seek to justify or rationalize terrorism, the Supreme Court has made it clear that American law stands firmly on the side of justice.

The PLO and PA are not legitimate governmental entities deserving of diplomatic immunity. They are terrorist organizations that have systematically targeted American citizens for decades. Today’s decision recognizes this reality and ensures that American victims have recourse under American law.

Today’s Supreme Court decision in Fuld v. Palestine Liberation Organization represents a historic victory for American victims of terrorism and their families. The ACLJ is proud to have contributed to this victory through our amicus brief, and we remain committed to the ongoing fight for justice.

The PLO and PA can no longer hide behind legal technicalities to avoid accountability for their role in financing and supporting terrorism that kills and injures American citizens. American courts are now open to American victims seeking justice, and terrorist organizations worldwide are on notice that targeting Americans has consequences.