Supreme Court of the United States · Official docket →
Keren Kayemeth LeIsrael, et al. v. Education for a Just Peace in the Middle East
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7097 · judgment May 2, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether “facial plausibility” of a complaint filed by a victim of international terrorism committed in Israel may be judged by a different standard than complaints filed by victims of international terrorism elsewhere in the world.
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Whether an American tax-free charity whose functions include collecting and providing taxdeductible contributions that support proPalestinian organizations including designated Foreign Terrorist Organizations may avoid discovery designed to produce admissible evidence that the charity aids and abets, in violation of 18 U.S.C. § 2333(d)(2), Hamas’ dispatch of terrorist incendiary balloons and kites that injure American citizens residing in southern Israel.
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Whether the Rule 12(b)(6) standard that this Court applied in Twitter, Inc. v. Taamneh, and in Gonzalez v. Google LLC and that lower courts have applied to complaints in actions under 18 U.S.C. § 2333(d)(2) against international banks and massive corporate entities that provide extensive nonpolitical services should govern a lawsuit filed by US citizens injured by Hamasdirected terrorism against a US charity that has a single political focus and circuitously transfers contributed money to Hamas.
Counsel of record
For petitioner
Nathan Lewin
Lewin & Lewin, LLP
For respondent
Maria Couri LaHood
Center for Constitutional Rights
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Proceedings
- Jan 22 2024Motion for leave to file amici brief out of time filed by National Jewish Advocacy Center, et al. DENIED.
- Jan 22 2024Petition DENIED.
- Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
- Jan 03 2024Reply of petitioners Keren Kayemeth LeIsrael, et al. filed. (Distributed)
- Dec 20 2023Brief of respondent Education for a Just Peace in the Middle East in opposition filed.
- Dec 20 2023Motion for leave to file amici brief out of time filed by National Jewish Advocacy Center, et al.
- Nov 20 2023Brief amici curiae of Louis D. Brandeis Center for Human Rights Under Law filed.
- Nov 13 2023Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2023.
- Nov 10 2023Motion to extend the time to file a response from November 20, 2023 to December 20, 2023, submitted to The Clerk.
- Oct 19 2023Response Requested. (Due November 20, 2023)
- Oct 18 2023Supplemental brief of petitioners Keren Kayemeth LeIsrael, et al. filed.
- Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 06 2023Waiver of right of respondent Education for a Just Peace in the Middle East to respond filed.
- Oct 06 2023Brief amicus curiae of Zionist Organization of America filed. (Distributed)
- Oct 05 2023Brief amicus curiae of Zachor Legal Institute filed.
- Sep 01 2023Petition for a writ of certiorari filed. (Response due October 6, 2023)