America First Legal (AFL), in collaboration with Boyden Gray PLLC, has submitted an amicus brief urging the U.S. Supreme Court to overturn a Second Circuit decision that invalidated the Promoting Security and Justice for Victims of Terrorism Act. The organization seeks to reinstate the ability of American victims of Palestinian terrorism to pursue compensation.
The brief highlights attacks by the Palestinian Authority and the Palestine Liberation Organization, which have resulted in numerous casualties among U.S. nationals, including Taylor Force, whose parents are clients of AFL, and Sari Singer, another AFL client.
Under the Anti-Terrorism Act of 1992, victims had been able to hold terrorists accountable through civil actions in U.S. courts for over two decades. However, a 2016 ruling by the Second Circuit stated that personal jurisdiction could not be exercised if defendants' actions occurred outside the United States. In response, Congress passed legislation in 2019 to address this loophole and ensure accountability for crimes committed by these organizations.
Despite this legislative action, the Second Circuit again ruled in 2023 that Congress had violated the Fifth Amendment’s Due Process Clause by attempting to impose liability on foreign entities. The Supreme Court agreed to review this decision after en banc review was denied in May 2024.
Drawing from its experience with Taylor Force Act litigation and Judge Stephen Menashi’s dissenting opinion, AFL contends that the Second Circuit misinterpreted Supreme Court precedent and improperly expanded rights for foreign corporations under the Due Process Clause.
Reed D. Rubinstein from America First Legal commented on this matter: “Judge Menashi got it right — the Second Circuit’s decision lacks a basis in the Constitution and cannot be reconciled with Supreme Court precedent." He further emphasized that "Congress has repeatedly adopted legislation making it clear that...the Palestine Liberation Organization and the Palestinian Authority are subject to personal jurisdiction in federal courts," criticizing what he describes as "purposive judicial activism" by the Second Circuit.
AFL argues that Congress crafted specific legislation allowing American victims and their families to seek justice while deterring future acts of terrorism through financial penalties on perpetrators.