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Friends, colleagues and fans remember Rabbi Harold Kushner, whose voice ‘will continue to resonate’
(JTA) — Rabbi Harold Kushner was often identified as the author of “Why Bad Things Happen to Good People,” when the correct title of his best-selling 1981 book is “When Bad Things Happen to Good People.” The book was never meant to provide a definitive solution to the age-old question of theodicy — why God permits evil or suffering — although he proposed an answer.
Instead, the book was, like Kushner’s rabbinate, a call to action. As he told an interviewer in 2013, “An idea that is probably more emphasized in Judaism than in any of the Christian traditions is to minimize the theology and maximize the sense of community.” That is, when bad things happen to good people, it is a religious community’s responsibility to offer them the compassion and solace they crave in the form of chesed, or acts of loving-kindness.
When Kushner died Friday at age 88, it led to an outpouring from readers, friends and colleagues who experienced that compassion and solace first hand, or felt they knew him through his writing. Beyond that first book, which sold millions of copies worldwide, Kushner was an admired rabbi at the Conservative Temple Israel in Natick, Massachusetts, taught at several universities, and wrote over a dozen books.
The Jewish Telegraphic Agency collected a number of the responses that appeared online and solicited others. A sampling of reminiscences about Kushner appears below.
Rabbi Mark Cooper, Riverdale, New York: My rabbinic career began in 1985 when I became associate rabbi to Rabbi Harold Kushner at Temple Israel of Natick. Fresh out of rabbinical school, there was much to learn and experience in order to fully embrace the demanding role of being a congregational rabbi. As I look back on the six years I spent with Harold, I can’t imagine a more nurturing or supportive start to my rabbinate.
Harold showed me what an excellent sermon looks and sounds like (not that most rabbis would ever be able to come close to the quality of homiletics that he possessed), how to use humor to connect with a congregation, how to console someone who has suffered a tragedy, and how to work with lay leaders and volunteers. He created space for me to experiment and grow in a congregation he had spent years building. And he did this always with a gentle kindness that came naturally to him.
Harold saw me not as a solution to his busy schedule, and not as someone to do the legwork he was now unavailable to do. He saw me as someone he could teach, someone to help shape and direct to be the kind of rabbi he knew others would be proud of. Harold befriended me, invited me to get to know him, and I quickly came to feel that he genuinely cared about me, about my wife Amy, and about the children we began to raise while in Natick.
(Cooper spoke at Kushner’s funeral on Monday in Natick; above are excerpts from his remarks.)
Mary Jo Franchi-Rothecker, Ontario, Canada: When I read “When Bad Things Happen to Good People” in 2008, I was able to start thinking and analyzing about recent, extremely challenging events in my life. I lost my father in late 2007, lost my 20-year legal career and was in a financial nightmare. Rabbi Kushner’s writing (I went on to read “Overcoming LIfe’s Disappointments”) gave me hope, insight and a path to “being my best self.” I am forever grateful.
Rabbi Jill Jacobs, CEO, T’ruah: The Rabbinic Call for Human Rights: Rabbi Kushner was the rabbi of the shul where I grew up. By the time I was there, he was already famous, and mostly not in the day-to-day running of the shul, but he and his wife Suzette were almost always there on Shabbat, sitting quietly in the back (and of course he would give powerful sermons on the High Holidays, which even the teenagers would come in to hear). And he was an important mentor for me throughout. When I was in college at Columbia, we loved to compare notes on the core curriculum (which hadn’t changed that much in between) and then we had many conversations as I made the decision to go to rabbinical school, and as I made my way through and beyond. He truly modeled what it meant to be a rabbi, and his voice — both for those of us fortunate enough to hear it directly and the millions who read his books — will continue to resonate.
Rabbi David Wolpe, Sinai Temple, Los Angeles: I always learned from Rabbi Kushner and he was very kind to me and I had wonderful exchanges with him, but the thing that most impressed me was this: When I was on book tour, the same drivers would take other authors in various cities. So I heard about the conduct of various authors, especially when they were unkind to the drivers, as too many were. Yet over and over again people would ask me if I knew Rabbi Kushner and say how unfailingly kind he was to the drivers, the hotel clerks, to everyone. I felt proud and grateful to have such a representative of our people, and we will all miss him very much.
Michael and Zelia Goodboe, Palm Beach Gardens, Florida: I praise God for the goodness of Rabbi Kushner. I am Catholic, but I have come to value Judaism even to the point of attending (with my wife) classes at a Miami synagogue to get to really know Judaism, because of the good rabbi’s influence. Some people are just blessings in this crazy world. He was truly among the Righteous who left the world in much better shape than he found it! We have lost a great person.
Rabbi Eric Gurvis, the Mussar Institute, Sherborn, Massachusetts: I literally learned of the death of my colleague and teacher, Rabbi Harold Kushner, while quoting him during a graveside funeral last Friday. As I began to share his words, the funeral director let me know that he had died earlier in the day. I paused, collected myself and continued to cite his teaching.
My journey intersected with Rabbi Kushner on numerous occasions, the first while I was serving as rabbi in Jackson, Mississippi. A member of my congregation brought him to speak to a group from across the Jackson community. “Who Needs God,” still among my favorites of his books, had just been published. He was so gracious and kind to this young rabbi he’d just met. He always was.
Fast-forward to my time in Newton, Massachusetts. I had invited Rabbi Kushner to speak at my congregation. I don’t even remember what topic we had agreed upon. His talk came just days after a tragedy in our community, in which four middle school students were killed in a bus crash on a school trip. He asked me, “What would you like me to do?” I replied, “I am so grateful you are here. Please be you, and let us be lifted by whatever you wish to share with us.” And it was so, as it has been for so many of us over the years of his teaching, preaching and touching.
Rabbi Vanessa Ochs, professor of religious studies, University of Virginia: It was Rabbi Harold Kushner who taught us, in his thought-changing book, “When Bad Things Happen to Good People”: “I don’t know why one person gets sick and another does not. … I cannot believe that God ‘sends’ illness to a specific person for a specific reason.”
As we know, Jews do not interpret the Torah in a literal way. While the Torah’s God sends down punishment, Kushner’s interpretation of God does not. Kushner’s God does not punish us to teach us lessons. His God does not give us only as much as we can handle. Bad things happen. We have terrible losses. They just happen.
So where is God when we are grieving? For Kushner, this is certain, and his theology is compelling: God is with us when we grieve. God is with us when our communities organize to support us as mourners (and beyond) and when total strangers hold us up with random acts of kindness.
Rabbi Ron Kronish, Jerusalem: Rabbi Harold Kushner played an important role in my life and the life of my family more 40 years ago. In 1977, when our second daughter was born with a form of dwarfism, my wife Amy and I went to visit him and his wife Suzette in their home in Natick, Massachusetts. We were living nearby in Worcester at that time. That was a short time after their son, who was a boy with short stature, had tragically died.
Rabbi Kushner welcomed us warmly into his home and counseled us with empathy and compassion. He didn’t make us feel that he was going out of his way to meet with us or that he was meeting with us just because I was a rabbinic colleague. He was simply understanding, gracious and accommodating.
I can say that the spiritual and practical advice that he gave to us stayed with us for many years. We have always been grateful for it.
By the way, our daughter with short stature grew up to be a wonderful human being and a great rabbi-educator at the Heschel High School in New York City. Coincidentally, one of her former interns, who is now a teacher at the school, is Rabbi Kushner’s grandson! So the legacy continues to be a part of our family.
Rabbi Noam Raucher, Los Angeles, California: After reading “When Bad Things Happen to Good People,” I remember being excited to meet Rabbi Kushner. As the president of Hillel at Hofstra University at the time, I was responsible for escorting Rabbi Kushner through campus before his speaking engagement.
That was a big day at Hofstra, too. The men’s basketball team had made it to the 2001 NCAA tournament, and we were playing UCLA in the first round. As we walked through the student center, Rabbi Kushner heard the students cheering on our team and asked if we could stop to watch the game with them on television.
We stood in the back of a sea of student bodies, who would jump and shout with every shot made or blocked. I watched Rabbi Kushner as he watched the game. He stood there, tall and attentive, with his hands clasped behind his back. He had a grounding peacefulness about him. Every time the crowd grew animated, he just stood there, stoic and watching it all for the sheer enjoyment of being present for the experience.
That image stands out as I think about all the commotion I have, or will, face in my life. There will be successes and failures. Rabbi Kushner taught me to appreciate being here for all of it.
Irving Pozmantier, president, Pozmantier, Williams & Stone Insurance Consultants: For several years, it was my privilege and honor to serve with Rabbi Kushner on the board of directors for List College of the Jewish Theological Seminary. His brilliant mind was matched only by his personal warmth which made every meeting an uplifting experience. On a few occasions, we shared taxi rides to the airport during which we had an opportunity to share information about our lives and experiences. Each of those personal talks left me with feelings of gratitude for the opportunity to know someone of such innate decency and kindness. When my first wife died, he was one of the first persons to call and offer condolences. His incredible ability to express compassion was never more meaningful.
Jim Rigby, pastor, St. Andrew’s Presbyterian Church, Austin, Texas: What some critics of religion do not realize (understandably) is that people like Rabbi Kushner are trying to help dying and traumatized people make sense of their lives. It is a good thing to be scientific, but if someone is actively dying or traumatized we must enter their worldview to be helpful.
Reason and science are marvelous goals, but they can feel strangely irrelevant to someone lost in a waking nightmare. Before a terrified heart can hear an important truth it must first be healed of its fear. For me, religion has been the art of cave diving into someone else’s nightmare, learning the language of their heart, and then cheering them on as they climb out of their own private tomb and into the common light.
I will never forget sitting in a pastoral care class taught by seminary professor Will Spong (the brother of the late John Shelby Spong, bishop of the Episcopal Church). One of the students had debunked the simplistic religion of a dying patient. Suddenly, Dr. Spong began to shake like Jeremiah in an earthquake. Will’s face turned beet red and he shouted at all of us, “Don’t you dare kick out someone’s crutch unless you’ve got something better to replace it with!”
My life as a heretical minister began that year of chaplaincy. I realized theology born of abstraction was like a personal life jacket that kept me from entering the depths of another person’s fears and uncertainty. I could not descend into another person’s hell unless I could detach from my worldview and enter theirs.
What a gift it has been to be invited into peoples’ traumatic cocoons and to witness them sprouting wings that work in the real world. What a gift to be present when people discover a faith born of science, a hope born of realism, and a love unbounded by any religious creed.
Harold Kushner, Suzette Kushner and Dubi Gordon at Kibbutz Kfar Charuv in Israel. (Courtesy Gordon)
Dubi Gordon, Natick: Rabbi Kushner was my rabbi, teacher, advisor and dear friend. When I was Natick USY president, Rabbi Kushner was deeply involved and took pride that three of us became region officers in one of the most robust chapters in New England. When I helped establish a Judaic Studies program at UMass Amherst and founded Student Struggle for Soviet Jewry in Western Massachusetts, he offered invaluable advice and encouragement.
Rabbi Daniel Greyber, Beth El Synagogue, Durham, North Carolina: As a congregational rabbi, I give copies of his book, “When All You’ve Ever Wanted Isn’t Enough,” to high school seniors before they go off to college and I tell them the story of how my mom gave it to me and how it helped shape my life: endeavoring to live a life of meaning rather than chasing after wealth and things. I would not be a rabbi today were it not for his wisdom.
When I published my own book, I sent him a copy and asked him if he would give me an endorsement for the back cover. He told me he would be honored to read it, but that he hardly ever gave endorsements and was an especially “hard grader” on books that tackled the question of suffering. In the end, he demurred but sent me a long email with praise and constructive advice. It felt like knowing a Supreme Court judge had taken the time to read and respond to something you wrote. That correspondence is a great treasure and honor.
Rabbi Ysoscher Katz, chair of Talmud, Yeshivat Chovevei Torah Rabbinical School: If you study the biography of Moshe Rabbeinu, you notice something surprising in the Talmud. In the Bible, Moses is presented as a jurist; the “law” animates and inspires him. The Talmudic Moses is less of a jurist and more of a theologian, grappling with Judaism’s theological unanswerables.
Personally, I prefer the Talmudic version.
Judicially, his legal philosophy has been supplanted by Rabbinic jurisprudence; biblical “law” has little significance for contemporary jurists. His theology, on the other hand, is as relevant today as it was during the time of the Exodus. The things that perplexed him then still confound us today, many centuries later.
We are told that in every generation there is one person who is imbued with a streak of Moses’ spirit and is charged with carrying on his legacy. In our generation that person was Rabbi Harold Kushner — at least as far as the theological aspect of Moses’ persona is concerned. He too, like Moses, was deeply plagued by the theodicy question, grappling and struggling with it throughout this life.
In traditional yeshivot one is taught that in Talmudic discourse the question is more important than the answer. The sophistication and passion of the inquiry proves that one has truly mastered the material.
That is Rabbi Kushner’s legacy: the anguished question of “Why?!” Why, Hakadosh Baruch Hu, do you allow bad things to happen to good people? How could you?
The validity of Kushner’s “solutions” to this perplexing question can be debated ad nauseam, but the power of his anguished Abrahamic cry — “Is it possible that the judge of the universe would condone injustice” — will outlive him, living in perpetuity as a clarion call to his survivors to do our utmost to eradicate the injustices (natural and man-made) that plague our world.
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California College Employee Calling Jewish Professor ‘Colonizer’ Was Antisemitic, Investigation Finds
Sign reading “Welcome to City College of San Francisco” above glass entry doors with building number 88, San Francisco, California, Aug. 29, 2025. Photo: Smith Collection/Gado/Sipa USA via Reuters Connect
A City College of San Francisco (CCSF) staff member who called a Jewish professor a “colonizer” among other verbal attacks engaged in unlawful harassment and discrimination based on the academic’s Jewish identity, according to an independent investigation into the incident.
The Louis D. Brandeis Center for Human Rights Under Law and the StandWithUs Saidoff Legal Center, two Jewish advocacy groups, on Tuesday celebrated the upholding of a disciplinary investigation’s finding as a “significant victory” for Jewish faculty and students.
“The outcome establishes a critical precedent for how universities must evaluate conduct often mischaracterized as political speech but that, in context, targets Jewish identity,” the groups said in a statement.
The investigation stemmed from a series of incidents which escalated to an explosive May 2025 confrontation in which CCSF employee Maria Salazar-Colon, president of the local Service Employees International Union (SEIU) union, allegedly launched a volley of anti-Jewish invective at computer science professor Abigail Bornstein. Calling Bornstein a “colonizer” and telling her to “shut the f—k up,” Salazar-Colon converted the professor’s name into a sobriquet by denouncing her as “Dumb-stein” during the public comment portion in a meeting of the community college’s board of trustees, according to the Brandeis Center and StandWithUs.
That utterance, combined with other comments related to Israel, indicated Salazar-Colon’s awareness of Bornstein’s Jewishness and her willingness to degrade her over it, the Brandeis Center and StandWithUs said — noting that a trivial discussion on college “governance,” not politics or the Middle East conflict, set the staff member off.
Salazar-Colon allegedly continued targeting Bornstein through email, denouncing her again as a “colonizer” and making other crude statements. The conduct drove the professor off campus. She reported the alleged harassment to the CCSF administration and filed a criminal complaint with the local police.
However, Salazar-Colon hit back, filing her own grievance in response to allege that she was the victim. Meanwhile, the college hired a law firm as a third-party investigator to look into the matter. Its findings were conclusive, determining not only that Salazar-Colon was fully culpable but that her conduct, rising to “workplace violence,” was intentionally discriminatory against a Jewish colleague.
CCSF ultimately dismissed Salazar-Colon’s “retaliatory” complaint, but the finality of its decision hung on the opinion of the college trustees. Salazar-Colon filed an appeal with the body. It took no action, crystallizing, the Brandeis Center and StandWithUs said, a consensus on the “seriousness of the underlying conduct and the strength of support for the [third-party investigator’s] findings.”
On Monday, Brandeis Center staff litigation attorney Deena Margolies told The Algemeiner that, in this case, justice prevailed but that many other Jewish members of academia suffer similar indignities.
“The college did the right thing here. They brought in an independent investigator. They made clear that this was about discrimination based on Bornstein’s protected identity, that being Jewish — not union advocacy — and that’s important and a necessary distinction that we don’t often see being recognized,” Margolies said. “I’m seeing many more of these disciplinary matters in the employee context, and I notice that what often happens is that when a Jewish professor or staff member is targeted or files a complaint, there is often a cross complaint, a baseless complaint which is retaliatory. And yet, they always end up coming through.”
CCSF will be taking disciplinary action. against Salazar-Colon.
As previously reported by The Algemeiner, antisemitism promoted by university employees often disguises itself as politics, complicating higher education institutions’ response to it.
In September, a survey conducted by the Anti-Defamation League (ADL) and the Academic Engagement Network (AEN) found that staff and faculty accelerated the “antisemitism” crisis on US college campuses by politicizing the classroom, promoting anti-Israel bias, and even discriminating against Jewish colleagues. It found that 73 percent of Jewish faculty witnessed their colleagues engaging in antisemitic activity, and a significant percentage named the Faculty and Staff for Justice in Palestine (FSJP) group as the force driving it.
Of those aware of an FSJP chapter on their campus, the vast majority of respondents reported that the chapter engaged in anti-Israel programming (77.2 percent), organized anti-Israel protests and demonstrations (79.4 percent), and endorsed anti-Israel divestment campaigns (84.8 percent). Additionally, 50 percent of respondents said that anti-Zionist faculty have established de facto, or “shadow,” boycotts of Israel on campus even in the absence of formal declaration or recognition of one by the administration. Among those who reported the presence of such a boycott, 55 percent noted that departments avoid co-sponsoring events with Jewish or pro-Israel groups and 29.5 percent said this policy is also subtly enacted by sabotaging negotiations for partnerships with Israeli institutions. All the while, such faculty fostered an environment in which Jewish professors were “maligned, professionally isolated, and in severe cases, doxxed or harassed” as they assumed the right to determine for their Jewish colleagues what constitutes antisemitism.
Administrative officials responded inconsistently to antisemitic hatred, affording additional rationale to the downstream of hatred. More than half (53.1 percent) of respondents described their university’s response to incidents involving antisemitism or anti-Israel bias as “very” or “somewhat” unhelpful, and a striking 77.3 percent thought the same of their professional academic associations. In totality, alleged faculty misconduct and administrative dereliction combined to degrade the professional experiences of Jewish professors, as many reported “worsening mental and physical health, increased self-censorship, fear for personal safety,” and a sense that the destruction of their careers and reputations was imminent.
“Antisemitism cannot and should not be downplayed as political, academic, or workplace disagreement. Antisemitism is, clearly and concretely, insidious discrimination,” Brandeis Center chairman Kenneth Marcus, a former US assistant secretary of education for civil rights, said in a statement released with the news of the outcome of the CCSF incident. “Institutions have both the authority and the obligation to intervene, and we are hopeful that these outcomes encourage those who wish to report incidents of antisemitism to come forward without fear of retaliation.”
Follow Dion J. Pierre @DionJPierre.
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Turkish Intel Chief Hosts Hamas Leaders as New Report Warns of Turkey’s Ties to Muslim Brotherhood
Turkish President Tayyip Erdogan speaks during a ceremony for the handover of new vehicles to the gendarmerie and police forces in Istanbul, Turkey, Nov. 28, 2025. Photo: REUTERS/Murad Sezer
Turkey’s extensive ties with Hamas and other terrorist groups and Islamist movements are raising alarm bells among analysts, highlighting Ankara’s controversial pivot away from its traditional Western alliances amid ongoing regional conflicts.
This week, Turkish intelligence chief Ibrahim Kalın met in Ankara with Khalil Al-Khaya, a senior Hamas negotiator, and the terrorist group’s political bureau delegation to discuss prospects for advancing the second phase of the Gaza ceasefire — marking the second such meeting in under two weeks.
Last week, Kalın also met with senior Hamas leaders in Istanbul, underscoring Turkey’s ongoing diplomatic engagement with the Islamist group.
Notably absent from both meetings’ public summaries was any mention of Hamas’s disarmament — a key condition of the US-backed peace plan, which the terrorist group continues to reject, further complicating ceasefire efforts.
Earlier this year, the US-backed plan to end the war in Gaza hit major roadblocks after proposals surfaced that would allow Hamas to retain some small arms — an idea strongly denounced by Israeli officials who insist the Islamist group must fully disarm.
Israel has previously warned that Hamas must give up its weapons for the second phase of the ceasefire to move forward, pointing to tens of thousands of rifles and an active network of underground tunnels still under the terrorist group’s control.
Last week, US President Donald Trump’s “Board of Peace” reportedly presented a disarmament plan to Hamas that would require the terrorist group to allow the destruction of its vast Gaza tunnel network as it lays down its arms in stages over eight months. Palestinian officials indicated Hamas would not accept the proposal without “amendments and improvements.”
Under Trump’s 20-point Gaza peace plan, phase two would involve deploying an international stabilization force (ISF), beginning large-scale reconstruction, and establishing a Palestinian technocratic committee to oversee the territory’s administration.
Conditioned on Hamas’s disarmament, the Israel Defense Forces (IDF) would also withdraw from the approximately 53 percent of the enclave they currently occupy.
Since the start of the war in Gaza, Turkey has repeatedly tried to position itself as a regional mediator, maintaining direct intelligence channels with Hamas to advance ceasefire talks and solidifying its role in US-backed diplomatic efforts.
However, Turkey has also been a long-time backer of Hamas, hosting senior officials multiple times over the years and refusing to designate the group as a terrorist organization. Ankara has also provided Hamas with both political and financial support by allowing its leadership to operate networks from Turkish soil.
Israeli officials have repeatedly accused Hamas operatives of using Turkey as a base for recruitment, financing, and operational coordination.
On Monday, Israeli intelligence services uncovered a Hamas terror network in the West Bank, directed by an operative based in Turkey, revealing ongoing coordination between the group’s cells abroad and on the ground.
According to Sinan Ciddi, senior fellow at the Foundation for Defense of Democracies (FDD), a Washington, DC-based think tank, Turkey’s high-level meetings with Hamas and growing engagement in Gaza reflect a stark gap between its public diplomacy and private dealings, revealing a calculated effort to maintain influence in the region.
“Publicly, Turkey has presented itself as a diplomatic broker seeking a ceasefire. Privately, its continued high-level engagement with Hamas, particularly through intelligence channels, signals an enduring political alignment and a willingness to preserve the group as a relevant actor in postwar Gaza,” Ciddi wrote in a newly released report.
“Ankara’s maintenance of access to Hamas leadership is likely intended to help ensure Turkey retains influence over any future political settlement,” he continued.
Israel has consistently opposed any role for Turkish security forces in postwar Gaza, with Ankara seeking to expand its regional influence — a move experts warn could strengthen Hamas’s terrorist infrastructure.
Amid growing concerns over Turkey’s regional influence, a newly released FDD report underscored the country’s pivot under President Recep Tayyip Erdogan from its traditional Western alignment toward closer ties with Islamist movements, including the Muslim Brotherhood.
The report identified Turkey as a key refuge for Muslim Brotherhood leaders from across the region, including Egypt and Yemen, a role that has intensified after many fled their home countries amid government crackdowns.
For years, the Muslim Brotherhood has faced bans or restrictions across the Middle East, with some European countries and the United States recently designating the group or specific branches as terrorist organization.
“There is an established track record … where Turkey significantly undermines the transatlantic alliance’s core security concerns,” Ciddi said.
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US Appeals Court Reinstates $655M Ruling Against Palestinian Authorities Over Terrorism
Palestinian Authority President Mahmoud Abbas looks on as he visits the Istishari Cancer Center in Ramallah, in the West Bank, May 14, 2025. Photo: REUTERS/Mohammed Torokman
A US federal appeals court on Monday reinstated a whopping $655.5 million judgment against the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), delivering a major legal victory for American victims seeking to hold the groups responsible for the notorious “pay-for-slay” terrorism program.
The ruling by the US Court of Appeals for the Second Circuit restored a jury’s earlier finding that the PLO and PA bore civil liability under the Anti-Terrorism Act for a series of attacks in Israel that killed and injured US citizens.
In its opinion, the court recalled its previous mandate vacating the initial decision, writing that doing so was warranted by “intervening changes in underlying law” and the need to prevent an unjust outcome after years of litigation. The panel emphasized that appellate courts retained the authority to revisit earlier decisions in “extraordinary circumstances,” a standard it found satisfied in this case.
The judges also addressed the issue of jurisdiction, which had previously served as an obstacle in the case.
In 2023, a federal appeals court ruled that US courts did not have the authority to hear certain lawsuits against the PLO and the PA stemming from terrorist attacks abroad that killed or injured American citizens. In a decision issued by Second Circuit court, the panel concluded that Congress could not compel foreign defendants to face litigation in US courts without sufficient ties to the country, dealing a significant setback to victims seeking damages through American legal channels.
But the court signaled that subsequent legal developments from the Supreme Court and evolving interpretations of the Anti-Terrorism Act altered the analysis enough to justify reinstating the judgment.
At the center of the case was the Anti-Terrorism Act’s provision allowing US nationals to seek civil damages for acts of international terrorism. A jury had originally awarded damages to victims and their families, finding a link between the alleged terrorists and attacks targeting civilians. Those damages resulted in the mandated enforcement of the more than $650 million judgment.
For victims’ families and advocates, the decision marked a significant step toward enforcing consequences against groups accused of supporting or incentivizing violence.
Supporters have argued that lawsuits play a critical role in deterring terrorism, particularly when criminal prosecution is not possible. By reinstating the judgment, the court appeared to endorse the broader principle that US law can serve as a tool of accountability, even in cases involving foreign actors and overseas attacks.
The court cautioned that enforcement presents a distinct set of legal and practical challenges. It pointed to potential obstacles including asset location, sovereign protections, and the complexities of executing judgments against foreign entities.
The Palestinian Authority, which exercises limited self-governance in the West Bank and has long been riddled with accusations of corruption, has for years carried out a so-called “pay-for-slay” program, which rewards terrorists and their families for carrying out attacks against Israelis.
Under this policy, official payments are made to Palestinian prisoners held in Israeli jails, the families of “martyrs” killed in attacks on Israelis, and Palestinians injured in terrorist attacks.
Reports estimate that approximately 8 percent of the PA’s budget has been allocated to paying stipends to convicted terrorists and their families.
Skeptics suggest the hurdles in seeking financial retribution from the PLO and PA could prove substantial. The PLO and PA maintain limited assets within the US, and some may be protected from seizure. Efforts to enforce the judgment could also raise sensitive diplomatic concerns, particularly given the entities’ role in international negotiations and governance.
The case is likely to have far-reaching implications for future terrorism litigation, particularly as Congress continues to explore ways to expand the reach of US courts in holding foreign actors accountable.