Supreme Court of the United States · Official docket →
Mark I. Sokolow, et al. v. Palestine Liberation Organization, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 15-3135, 15-3151 · judgment June 3, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
At issue in this case is the continued viability of Congress’s effort to combat international terrorism through the Anti-Terrorism Act of 1992 (ATA). Petitioners, victims of terrorism and their families, won a jury verdict after a seven-week trial against the Palestine Liberation Organization (PLO) and Palestinian Authority (PA) under the ATA, which provides a private right of action for “[a]ny national of the United States injured * * * by reason of an act of international terrorism.” 18 U.S.C. § 2333(a). But the Second Circuit vacated the judgment, holding that the Fifth Amendment bars the exercise of personal jurisdiction over the PLO and PA for committing terror attacks harming U.S. citizens “outside the territorial jurisdiction of the United States.” Pet. App. 41a. In response, Congress passed the Anti-Terrorism Clarification Act of 2018 (ATCA), which provides that defendants “benefiting from a waiver or suspension” of a 1987 statute restricting the activities of the PLO and its affiliates are deemed to consent to personal jurisdiction in ATA actions if they “continue[] to maintain” an office or other facility “within the jurisdiction of the United States.” 18 U.S.C. § 2334(e). The same Second Circuit panel held that the new law, enacted for the specific purpose of superseding the panel’s initial decision, did not provide jurisdiction over these entities. The questions presented are:
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Whether the PLO and PA consented to personal jurisdiction when they chose to maintain facilities within the United States after the date specified in the ATCA.
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Whether the Fifth Amendment’s Due Process Clause bars federal courts from exercising jurisdiction authorized by Congress over a defendant whose criminal conduct harms a U.S. citizen outside of the United States. (I)
Counsel of record
For petitioner
John Patrick Elwood
Arnold & Porter Kaye Scholer LLP
For respondent
Gassan Adnan Baloul
Squire Patton Boggs (US) LLP
Proceedings
- May 29 2020JUDGMENT ISSUED.
- Apr 27 2020Motion for leave to file amici brief filed by Senator Charles Grassley, et al. GRANTED.
- Apr 27 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the Promoting Security and Justice for Victims of Terrorism Act of 2019, Pub. L. No. 116–94, div. J, tit. IX, § 903, 133 Stat. 3082.
- Apr 08 2020DISTRIBUTED for Conference of 4/24/2020.
- Apr 07 2020Reply of petitioners Mark Sokolow, et al. filed. (Distributed)
- Mar 26 2020Motion to delay distribution of the petition for a writ certiorari until April 8, 2020, granted.
- Mar 25 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 1, 2020 to April 8, 2020, submitted to The Clerk.
- Mar 13 2020Brief of respondents Palestine Liberation Organization, et al. in opposition filed.
- Jan 30 2020Supplemental brief of petitioners Mark Sokolow, et al. filed.
- Jan 21 2020Response to motion of amicus curiae brief by Senator Charles Grassley, et al. from respondents Palestine Liberation Organization, et al. filed.
- Jan 15 2020Motion for leave to file amici brief filed by Senator Charles Grassley, et al.
- Dec 23 2019Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2020.
- Dec 20 2019Motion to extend the time to file a response from January 15, 2020 to March 16, 2020, submitted to The Clerk.
- Dec 13 2019Petition for a writ of certiorari filed. (Response due January 15, 2020)
- Sep 12 2019Application (19A283) granted by Justice Ginsburg extending the time to file until December 20, 2019.
- Sep 10 2019Application (19A283) to extend the time to file a petition for a writ of certiorari from October 21, 2019 to December 20, 2019, submitted to Justice Ginsburg.