Supreme Court of the United States · Official docket →
Miriam Fuld, et al. v. Palestine Liberation Organization, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-76, 22-496
Before the decision, about 4.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Second Circuit decision below.
Question presented
Consolidated with 24-151. The Anti-Terrorism Act (ATA), 18 U.S.C. § 2331 et seq., provides an extraterritorial private right of action for victims of terror attacks committed against American nationals abroad. In 2019, Congress amended the ATA by enacting the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA). Under the PSJVTA, the Palestinian Liberation Organization (PLO) and Palestinian Authority (PA) "shall be deemed to have consented to personal jurisdiction" in an ATA action if: (a) more than 120 days after the statute's enactment, they pay any terrorist convicted of or killed while committing a terror attack against an American national, and the payment is made "by reason of' the conviction or terror attack, 18 U.S.C. § 2334(e) (1)(A); or (b) more than 15 days after the statute's enactment, they "conduct any activity" while physically present in the United States (with limited exceptions), id. § 2334(e)(1) (B). The PLO and PA engaged in both categories of conduct after the trigger dates. But in the decisions below, the Second Circuit facially invalidated the PSJVTA. The court held that the Fifth Amendment forbids Congress from specifying conduct that triggers a defendant's consent to federal jurisdiction unless the statute provides the defendant with some "governmental benefit" in return, and that the PLO and PA had not received such a benefit. The question presented is: Whether the PSJVTA violates 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
Amicus briefs
4 cert-stage · 12 merits
(12 supporting pet./neither)
Related
Vide, 24-151
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
- Jul 22 2025Judgment Issued.
- Jun 20 2025Judgment 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.
- Apr 01 2025Argued. 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.
- Mar 21 2025Motion for divided argument filed by petitioners GRANTED. VIDED.
- Mar 21 2025Reply of petitioner United States filed. VIDED. (Distributed)
- Mar 21 2025Reply of petitioners Miriam Fuld, et al. filed. VIDED. (Distributed)
- Mar 06 2025Motion for divided argument filed by petitioners Miriam Fuld, et al. VIDED.
- Feb 28 2025Brief of respondents Palestine Liberation Organization, et al. filed. VIDED. (Distributed)
- Feb 21 2025Application (24A795) granted in part by Justice Sotomayor. Application for leave to file a consolidated response brief on the merits in excess of the word limit is granted provided that the brief does not exceed 20,000 words.
- Feb 19 2025CIRCULATED
- Feb 13 2025Record requested from the United States Court of Appeals for the Second Circuit.
- Feb 13 2025Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Feb 12 2025Response in opposition to application from petitioners Miriam Fuld, et al. filed. VIDED.
- Feb 11 2025Application (24A795) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED.
- Feb 10 2025SET FOR ARGUMENT on Tuesday, April 1, 2025. VIDED.
- Feb 04 2025Brief amici curiae of Abraham D. Sofaer, et al. filed. VIDED.
- Feb 04 2025Brief amici curiae of Scholars of Civil Procedure and Conflict of Laws filed. VIDED.
- Feb 04 2025Brief amicus curiae of America First Legal Foundation filed. VIDED.
- Feb 04 2025Brief amicus curiae of U.S. House of Representatives filed. VIDED.
- Feb 04 2025Brief amicus curiae of American Center for Law and Justice filed. VIDED.
- Feb 04 2025Brief amicus curiae of Stephen E. Sachs filed. VIDED.
- Feb 04 2025Brief amicus curiae of Michael Pompeo filed. VIDED.
- Feb 04 2025Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
- Feb 04 2025Brief amici curiae of Agudath Israel of America, et al. filed. VIDED.
- Feb 04 2025Brief amici curiae of Members of the U.S. Senate and House of Representatives filed. VIDED.
- Feb 04 2025Amicus brief of American Association for Justice not accepted for filing. (To be corrected February 6, 2025)
- Feb 04 2025Brief amicus curiae of American Association for Justice filed. (Corrected)
- Jan 29 2025Brief amicus curiae of Alan Mygatt-Tauber in support of neither party filed. VIDED.
- Jan 28 2025Brief of petitioners Miriam Fuld, et al. filed. VIDED.
- Jan 28 2025Brief for United States not accepted for filing. (Jan. 30, 2025--to be corrected.)
- Jan 28 2025Brief of petitioner the United States filed. VIDED. (Jan. 30, 2025--corrected paper briefs received, Feb. 3, 2025--corrected electronic brief posted.)
- Jan 28 2025Joint appendix (3 volumes) filed. VIDED. (Statement of costs filed)
- Jan 09 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including January 28, 2025. The time to file respondent's brief on the merits is extended to and including February 28, 2025. VIDED.
- Dec 30 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
- Dec 06 2024Petition GRANTED. The petition for a writ of certiorari in No. 24-151 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Dec 06 2024Because 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."
- Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 06 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 05 2024Reply of petitioners Miriam Fuld, et al. filed. (Distributed)
- Oct 18 2024Brief of respondents Palestine Liberation Organization, et al. in opposition filed. VIDED.
- Aug 28 2024Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2024.
- Aug 27 2024Motion to extend the time to file a response from September 9, 2024 to October 18, 2024, submitted to The Clerk.
- Aug 08 2024Brief amici curiae of Senator Charles Grassley, et al. filed.
- Aug 08 2024Brief amici curiae of Abraham D. Sofaer and Louis J. Freeh filed.
- Aug 08 2024Brief amicus curiae of U.S. House of Representatives filed.
- Aug 08 2024Brief amicus curiae of Secretary Mike Pompeo filed.
- Jul 18 2024Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024.
- Jul 17 2024Motion to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
- Jul 03 2024Petition for a writ of certiorari filed. (Response due August 8, 2024)