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United States v. Palestine Liberation Organization, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-76, 22-496


Decided · June 20, 2025
Pre-decision estimate: 63% cert probability (95% interval 47%–76%)

Before the decision, about 15.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.

Question presented

Consolidated with 24-20. In the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA), Pub. L. No. 116-94, Div. J, Tit. IX,§ 903, 133 Stat. 3082, Congress provided that the Palestine Liberation Organization and the Palestinian Authority "shall be deemed to have consented to personal jurisdiction" in certain terrorism-related civil suits if they took specified actions in the future: (a) made payments to designees or family members of terrorists who injured or killed U.S. nationals, or (b) maintained certain premises or conducted particular activities in the United States. 18 U.S.C. 2334(e)(1) (Supp. IV 2022). The question presented is whether the PSJVTA's means of establishing personal jurisdiction complies with the Due Process Clause of the Fifth Amendment.

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Gassan Adnan Baloul
Squire Patton Boggs (US) LLP

Case

Conference history
Distributed for 2 conferences

Related
Vide, 24-20

Argument & decision

Argued April 1, 2025 — Kent A. Yalowitz · Edwin S. Kneedler · Mitchell R. Berger. Audio and transcript

Decided June 20, 2025. Opinion by Roberts, C.J..

Proceedings

  1. Jul 22 2025
    Judgment Issued.
  2. Jun 20 2025
    Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, which Gorsuch, J., joined as to Part II. VIDED.
  3. Apr 01 2025
    Argued. For petitioners in 24-20: Kent A. Yalowitz, New York, N. Y. For petitioner in 24-151: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Mitchell R. Berger, Washington, D. C. VIDED.
  4. Feb 28 2025
    Brief of respondents Palestinian Authority and Palestine Liberation Organization filed. VIDED. (Distributed)
  5. Feb 19 2025
    CIRCULATED
  6. Feb 13 2025
    Record requested from the United States Court of Appeals for the Second Circuit.
  7. Feb 13 2025
    Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
  8. Feb 10 2025
    SET FOR ARGUMENT on Tuesday, April 1, 2025. VIDED.
  9. Dec 06 2024
    Petition GRANTED. The petition for a writ of certiorari in No. 24-20 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  10. Dec 06 2024
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-20. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-20. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED."
  11. Dec 02 2024
    DISTRIBUTED for Conference of 12/6/2024.
  12. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  13. Nov 06 2024
    Reply of petitioner United States filed. (Distributed)
  14. Oct 18 2024
    Brief of respondents Palestine Liberation Organization, et al. in opposition filed. VIDED.
  15. Aug 28 2024
    Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2024.
  16. Aug 27 2024
    Motion to extend the time to file a response from September 11, 2024 to October 18, 2024, submitted to The Clerk.
  17. Aug 23 2024
    Brief of respondents Miriam Fuld, et al. in support filed.
  18. Aug 08 2024
    Petition for a writ of certiorari filed. (Response due September 11, 2024)