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US Supreme Court Weighs Law on Suing Palestinian Authorities Over Terror Attacks
The US Supreme Court building is seen in Washington, US, June 14, 2024. Photo: REUTERS/Elizabeth Frantz
The US Supreme Court examined on Tuesday the legality of a 2019 statute passed by Congress to facilitate lawsuits against Palestinian authorities by Americans killed or injured in terrorist attacks abroad as plaintiffs pursue monetary damages for violence years ago in Israel and the West Bank.
The nine justices heard arguments in appeals by the US government and a group of American victims and their families of a lower court’s ruling that the law at issue violated the rights of the Palestinian Authority and Palestine Liberation Organization to due process under the US Constitution.
The ongoing violence involving Israel and the Palestinians served as a backdrop to the arguments.
Many of the questions posed by the justices seemed to suggest they would rule in favor of the plaintiffs. Some of the questions explored the authority of Congress and the president to empower US federal courts to hear civil suits over allegedly wrongful conduct experienced by Americans overseas, and what type of connection defendants must have to the United States before they must face such legal proceedings.
US courts for years have grappled over whether they have jurisdiction in cases involving the Palestinian Authority and PLO for actions taken abroad.
Under the language at issue in the 2019 law – called the Promoting Security and Justice for Victims of Terrorism Act – the PLO and Palestinian Authority would automatically “consent” to jurisdiction if they conduct certain activities in the United States or make payments to people who attack Americans.
“Congress’ judgment on these issues, as in all issues of national security and foreign policy, are entitled to great deference,” Deputy Solicitor General Edwin Kneedler, who argued on behalf of the Trump administration, told the justices.
Conservative Justice Brett Kavanaugh agreed with Kneedler on that point.
“Congress and the president are the ones who make fairness judgments when we’re talking about the national security and foreign policy of the United States,” Kavanaugh said. “Unless it crosses some other textually or historically rooted constitutional principle, courts shouldn’t be coming in.”
Liberal Justice Elena Kagan pressed Kneedler on the possibility of giving Congress too much leeway in subjecting people around the globe to general jurisdiction in US courts, raising potential pitfalls such as retaliation against Americans on foreign soil.
“I could understand an argument which would say … it could have foreign policy consequences, it could encourage other nations to retaliate and treat US citizens in the same way,” Kagan said.
“There could well be problems, other countries’ reactions to that, and retaliation perhaps,” Kneedler responded.
A New York-based federal judge in 2022 ruled that the law violated the due process rights of the PLO and Palestinian Authorities guaranteed under the Constitution. The New York-based 2nd US Circuit Court of Appeals upheld that ruling.
President Joe Biden’s administration initiated the government’s appeal, which subsequently was taken up by President Donald Trump’s administration.
Mitchell Berger, arguing on behalf of the Palestinian authorities, emphasized the need for US courts to enforce jurisdictional limits on what they can adjudicate, using pirates as an example.
“Nobody likes pirates, right,” Berger said. “The United States can define piracy as an offense, but the United States does not try pirates in absentia because there’s a delta between what Congress can prescribe as laws and what courts can do.”
Among the plaintiffs are families who in 2015 won a $655 million judgment in a civil case alleging that the Palestinian organizations were responsible for a series of shootings and bombings around Jerusalem from 2002 to 2004. They also include relatives of Ari Fuld, a Jewish settler in the West Bank who was fatally stabbed by a Palestinian in 2018.
“These defendants directed their activity at US citizens who are within the protection of the United States,” said Kent Yalowitz, arguing on behalf of the plaintiffs.
Yalowitz added that “wherever in the world you travel, the protection of the United States travels with you.”
A ruling is expected by the end of June.
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Israeli Foreign Minister Says Not Ruling Out Diplomacy to Stop Iran Nuclear Weapon
Israeli Foreign Minister Gideon Saar attends a joint press conference with Italian Foreign Minister Antonio Tajani (not pictured), in Rome, Italy, Jan. 14, 2025. Photo: REUTERS/Guglielmo Mangiapane
Israel is not ruling out a diplomatic path to prevent Iran obtaining a nuclear weapon, Israeli Foreign Minister Gideon Saar said on Thursday, adding that there were signs that there could be indirect talks between Tehran and the United States.
“We don’t hold discussions with the Iranians, as you know, but they made it clear they are ready to an indirect negotiations with the US, and I will not be surprised if such negotiations will start.”
Iran denies seeking nuclear weapons, but Israel, the US, and several European countries have argued there is no civilian-use justification for the Iranian regime’s enriching large amounts of uranium to near weapons-grade levels.
The post Israeli Foreign Minister Says Not Ruling Out Diplomacy to Stop Iran Nuclear Weapon first appeared on Algemeiner.com.
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This Book on the Jewish Connection to Israel Is a Must Read
An aerial view of the Temple Mount in the Old City of Jerusalem. Photo: Wikimedia Commons.
Ben M. Freeman’s The Jews: An Indigenous People deserves a spot on every Jewish person’s bookshelf, but especially Jews engaged in fighting the war in defense of Israel on campuses and elsewhere.
As the latest installment in his Jewish Pride trilogy, this book builds upon his previous explorations of Jewish identity and internalized anti-Jewishness, presenting a compelling argument for Jewish indigeneity to the Land of Israel — stressing this concept not only as essential to rebutting charges that Israel is a “settler-colonial” endeavor, but also as essential to Jewish identity and self-understanding.
The book is not only a historical analysis, but a call to action for Jews to reclaim their indigenous status with pride and conviction.
Freeman establishes his central thesis at the start: Jews are an indigenous people of the Land of Israel, and systematically dismantles the misconceptions that frame Jews solely as a religious group or as a people defined by exile and victimhood. Instead, he presents them as a distinct ethnonational group whose cultural, spiritual, and historical roots are deeply embedded in their ancestral homeland.
Importantly, his approach aligns with the framework actually used by global indigenous movements everywhere else, which assert indigeneity based on historical continuity, cultural persistence, and connection to the land, among other factors. Without the double standards that are all too frequently applied to the Jews, the case for Jewish indigeneity is actually quite cut and dry.
In particular, Freeman dedicates significant attention to the United Nations’ criteria for indigeneity, demonstrating how Jews meet these standards nearly perfectly. I say “nearly” because of the seven key criteria, one does fail to apply — namely the criterion that the “indigenous” people must be a minority in that land. But, as he rightly points out, this criterion is absurd: should an indigenous people who manage to reclaim their land suddenly no longer count as indigenous?
One wonders — although the book does not address this — if that criterion was adopted specifically to exclude Jewish indigeneity to the Land of Israel.
Freeman backs up his argument with historical discussions that are both thorough and accessible. He takes the reader on a journey through Jewish history, from the early origins of the Israelites in the land that would become Israel, through the ancient Jewish kingdoms, the destruction of the Second Temple, and the subsequent diasporic experiences. His discussion of the Hasmonean period and the Bar Kokhba revolt highlights the Jews’ continuous struggle to maintain sovereignty over their homeland. This history directly refutes the Anti-Zionists’ claim that Jewish connection to Israel is a modern political construct rather than an intrinsic and ancient reality.
And this isn’t just a history book. Freeman demonstrates how the denial of Jewish indigeneity fuels contemporary Jew-hate. He critiques the ways in which colonial frameworks have been misapplied to Israel and Zionism, showing how anti-Zionist rhetoric relies on distortions of Jewish history. He argues that rejecting Jewish indigeneity is not only intellectually dishonest, but also serves to weaken Jewish identity and agency.
Through this analysis, he makes a compelling case that reclaiming Jewish indigeneity is an act of empowerment and resistance against anti-Jewish erasure. This is one of the book’s most powerful contributions: it does not simply present historical facts, but actively seeks to reshape Jewish consciousness and self-perception.
Freeman’s writing is both scholarly and deeply personal. He weaves personal anecdotes and reflections into the broader historical and political discussion, grounding the text in a lived Jewish experience. Most originally (and refreshingly), he closes the book with a half-dozen personal interviews of people with quite varied Jewish identities, ultimately reinforcing his main theoretical points. The book’s balance of scholarship and emotional resonance means it has something to offer to scholars and laypersons alike. It fills a crucial gap in Jewish discourse, providing Jews with the language and framework to articulate their identity in a world that often seeks to erase or distort it.
At a time when Jewish history and rights are under increasing scrutiny and attack, The Jews: An Indigenous People offers a powerful and necessary response. Every Jew should read it, and every Jewish university student should have it in their toolkit.
Andrew Pessin is a philosophy professor and author, most recently, of Israel Breathes, World Condemns: The Trajectory of Campus Antisemitism to October 7, and the Aftermath. More information about him and his work is available at www.andrewpessin.com.
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How the Red Cross Is Facilitating Palestinian ‘Pay-for-Slay’
Palestinian terrorists and members of the Red Cross gather near vehicles on the day Hamas hands over deceased hostages Oded Lifschitz, Shiri Bibas, and her two children Kfir and Ariel Bibas, seized during the deadly Oct. 7, 2023, attack, to the Red Cross, as part of a ceasefire and hostages-prisoners swap deal between Hamas and Israel, in Khan Younis in the southern Gaza Strip, Feb. 20, 2025. Photo: REUTERS/Hatem Khaled
The International Committee of the Red Cross continues to facilitate rewards to imprisoned Palestinian terrorists, thus playing a central role in providing an “economic incentive” for terrorism.
Last week, the PLO Commission of Prisoners’ Affairs alerted families of Palestinian terrorist prisoners about the need to obtain Red Cross documentation to prove the terrorists’ eligibility for Pay-for-Slay salaries.
What is shocking is that when the terrorists’ families approach the Red Cross for the document, the Red Cross knows that the sole purpose of this document is to enable the terrorists to receive their terror rewards. And yet the Red Cross cooperates.
The following is the announcement that the Commission of Prisoners’ Affairs posted on its Facebook page:
Posted text: “The period of financial aid for the prisoners [i.e., terrorists] whose names appear below ends in March 2025.
The families of the detainees among them must bring a document from the [Red] Cross or the most recent court session for those who have not been issued a Red Cross document.
As for the administrative detainees, they must bring the administrative extension together with the [Red] Cross document, if it was issued.
This is [to be done] by April 5, 2025 at the latest.
[PLO Commission of Prisoners’ Affairs, Facebook page, March 20, 2025]
Over a year ago, Palestinian Media Watch exposed that PLO Prisoners’ Affairs Commission Director Qadura Fares said that the Red Cross document is “the document that we established in our [prisoners’ law] as a main document [to confirm salary eligibility]” [Official PA TV, January 31, 2024].
Since the Red Cross plays such a central role for the Palestinian Authority (PA) and its terrorists, the Red Cross has great leverage. It could certainly condition its assistance to the PA’s terrorist prisoners on having the PA/Hamas permit it to visit the Israeli hostages. This should be a fundamental Red Cross demand and condition to the PA, as well as a basic demand by Israel to the Red Cross.
Itamar Marcus is Palestinian Media Watch (PMW)’s Founder and Director. Ephraim D. Tepler is a contributor to Palestinian Media Watch. A version of this article originally appeared at PMW.
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