|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-741||D.C. Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (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.
|Date||Proceedings and Orders |
|Sep 11 2019||Application (19A296) to extend the time to file a petition for a writ of certiorari from October 6, 2019 to December 5, 2019, submitted to The Chief Justice.|
|Sep 16 2019||Application (19A296) granted by The Chief Justice extending the time to file until December 5, 2019.|
|Dec 05 2019||Petition for a writ of certiorari filed. (Response due January 10, 2020)|
|Dec 20 2019||Motion to extend the time to file a response from January 10, 2020 to March 13, 2020, submitted to The Clerk.|
|Dec 20 2019||Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2020.|
|Jan 31 2020||Supplemental brief of petitioners Estate of Esther Klieman, by and through its Administrator, Aaron Kesner, et al. filed.|
|Mar 13 2020||Brief of respondents Palestinian Authority, et al. in opposition filed.|
|Mar 25 2020||Motion 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 26 2020||Motion to delay distribution of the petition for a writ certiorari until April 8, 2020, granted.|
|Apr 03 2020||Reply of petitioners Estate of Esther Klieman, by and through it's Administrator, Aaron Kesner, et al. filed.|
|Apr 08 2020||DISTRIBUTED for Conference of 4/24/2020.|
|Apr 20 2020||Supplemental brief of petitioners Estate of Esther Klieman, by and through it's Administrator, Aaron Kesner, et al. filed. (Distributed)|
|Apr 22 2020||Supplemental brief of respondents Palestinian Authority, et al. filed. (Distributed)|
|Apr 27 2020||Petition 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. Justice Kavanaugh took no part in the consideration or decision of this petition.|
|May 29 2020||JUDGMENT ISSUED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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