The question
Whether the exercise of personal jurisdiction over the PLO and Palestinian Authority under the Promoting Security and Justice for Victims of Terrorism Act violates the Due Process Clause of the Fifth Amendment.
Fuld v. Palestine Liberation Organization
What the Court decided
The Court reversed the Second Circuit and upheld the PSJVTA's personal jurisdiction provision. The statute deems the PLO and Palestinian Authority to have consented to personal jurisdiction in Antiterrorism Act cases under two circumstances. The Court held this does not violate the Fifth Amendment's Due Process Clause because the statute reasonably ties the assertion of jurisdiction to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches. The interstate federalism concerns that limit state court jurisdiction under the Fourteenth Amendment do not apply to the Federal Government, which holds nationwide and extraterritorial authority.
How the justices split
UnanimousThe Court's opinion
Roberts, joined by Alito, Sotomayor, Kagan, Kavanaugh, Barrett, Jackson
The PSJVTA's personal jurisdiction provision does not violate the Fifth Amendment's Due Process Clause. The Court's modern personal jurisdiction cases construe the Fourteenth Amendment's limits on state courts, which rest on both fair treatment of defendants and interstate federalism. The interstate federalism concerns do not apply to the Federal Government, which the Constitution alone empowers with nationwide and extraterritorial authority. The statute reasonably ties jurisdiction over the PLO and PA to conduct involving the United States and implicating foreign policy matters within the prerogative of the political branches.
Concurring in the judgment
Thomas, joined by Gorsuch
Thomas agreed with the judgment upholding the statute. Gorsuch joined the opinion only as to Part II. The syllabus does not state the reasoning of this opinion beyond that it concurs in the judgment.
How we know · 5 sourced claims
The Antiterrorism Act of 1990 creates a federal civil damages action for U.S. nationals injured or killed by reason of an act of international terrorism, and permits aiding and abetting liability.
Source: syllabus, Held
The PSJVTA names the PA and PLO specifically and provides that they shall be deemed to have consented to personal jurisdiction in ATA cases under two circumstances.
Source: syllabus, Held
The Court held the PSJVTA's personal jurisdiction provision does not violate the Fifth Amendment's Due Process Clause.
Source: syllabus, Held
Interstate federalism concerns that limit Fourteenth Amendment jurisdiction over state courts do not apply to the Fifth Amendment's limitations on the Federal Government, which holds nationwide and extraterritorial authority.
Source: syllabus, Held
Roberts delivered the opinion of the Court joined by Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, and Thomas filed an opinion concurring in the judgment which Gorsuch joined as to Part II.
Source: syllabus, lineup