Klieman v. Palestinian Authority
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the District of Columbia Circuit for futher consideration in light of the Promoting Security and Justice for Victims Terrorism Act of 2019, on April 27, 2020
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Issue: (1) Whether the Palestinian Authority-Palestinian Liberation Organization has the right to raise a due process defense under the Fifth Amendment"a defense that the Supreme Court has ruled unavailable to U.S. state sovereigns and that many courts have ruled unavailable to foreign sovereigns"while simultaneously asserting its status as a foreign sovereign in a case against the United States at the International Court of Justice, which handicaps Congress" constitutional powers; (2) whether a court can override Congress" intent to subject the PA-PLO under the Anti-Terrorism Act to civil litigation in U.S. courts, despite Congress" constitutional authority to amend the jurisdiction of federal courts and protect Americans from acts of PA-PLO terrorism; and (3) whether the Fifth Amendment"s due process clause, which allows criminal prosecution of a terrorist who murders a U.S. citizen, as well any person or entity that supported the crime, would nonetheless bar a lawsuit by the victim"s family to impose civil liability on the same actors under the same U.S. Code section.
SCOTUSblog Coverage
- Petitions of the week (Andrew Hamm, January 2, 2020)