In a monumental decision for terror victims and their families, the United States Supreme Court on Thursday upheld the constitutionality of the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), clearing the way for civil lawsuits in American courts against the Palestine Liberation Organization (PLO) and Palestinian Authority (PA).
The ruling came in the case of Miriam Fuld v. Palestine Liberation Organization, a case brought by the family of Ari Fuld HY”D, a beloved American-Israeli activist and father of four who was murdered in a 2018 terrorist stabbing near the Gush Etzion Junction in Israel. The Court’s decision overturns a lower court ruling that had dismissed the case on jurisdictional grounds.
The unanimously 9-0 ruling affirms that the PSJVTA, passed by Congress in 2019, does not violate the Fifth Amendment’s Due Process Clause. The law deems entities like the PLO and PA to have consented to U.S. jurisdiction if they make “pay-for-slay” terror payments to families of terrorists or conduct certain activities on U.S. soil. The Supreme Court found these jurisdictional triggers to be valid under the Constitution, citing America’s compelling interest in combating terrorism and ensuring justice for U.S. victims.
Writing for the majority, the Court emphasized that foreign entities engaging in activities that affect U.S. citizens — including financially incentivizing acts of terrorism — can be held accountable in American courts. The justices noted the PLO and PA’s global presence, dismissing concerns that litigating in the U.S. posed an undue burden.
Justice Clarence Thomas, in a concurring opinion, went further, arguing that as nonsovereign actors, the PLO and PA may not even be entitled to due process protections under the Constitution.
The case now returns to the lower courts for further proceedings.
Sam Silverman, the Monsey-based attorney representing the Fuld family, was praised for his role in securing the victory. “This decision is a turning point for terror victims seeking justice,” Silverman said. “It sends a message to the world that the United States will not be a safe haven for entities that finance or reward terrorism.”
The Fulds, who attended oral arguments earlier this year, expressed gratitude for the ruling, which they described as “a victory not only for Ari’s memory, but for every American family shattered by terror.”
Congressman Mike Lawler, who recently reintroduced the PLO and PA Terror Payments Accountability Act, also welcomed the decision. “This ruling affirms what we’ve been saying all along — that terrorism will not be tolerated, and those who sponsor it must be held accountable,” he said.
The decision may have far-reaching implications, paving the way for dozens of other lawsuits filed by American victims of terrorism against the PLO, PA, and potentially other foreign entities accused of similar acts.
The Fulds’ case now proceeds toward trial — and potentially, a moment of long-awaited accountability.
(YWN World Headquarters – NYC)