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Fuld v. Palestine Liberation Organization

Docket No.24-20
Op. Below2nd Cir.
ArgumentApr 1, 2025

Holding

The Promoting Security and Justice for Victims of Terrorism Act’s personal jurisdiction provision does not violate the Fifth Amendment’s due process clause because the statute reasonably ties the assertion of jurisdiction over the Palestine Liberation Organization and Palestinian Authority to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.

Judgment

Reversed and remanded, 9-0, in an opinion by John Roberts on Jun 20, 2025. Justice Thomas filed an opinion concurring in the judgment, which Justice Gorsuch joined as to Part II.

Proceedings & orders timeline

Jul 3, 2024
Petition for a writ of certiorari filed. (Response due August 8, 2024)
Jul 17, 2024
Motion to extend the time to file a response from August 8, 2024 to September 9, 2024, submitted to The Clerk.
Jul 18, 2024
Motion to extend the time to file a response is granted and the time is extended to and including September 9, 2024.
Aug 8, 2024
Brief amici curiae of Senator Charles Grassley, et al. filed.
Aug 8, 2024
Brief amici curiae of Abraham D. Sofaer and Louis J. Freeh filed.
Aug 8, 2024
Brief amicus curiae of U.S. House of Representatives filed.
Aug 8, 2024
Brief amicus curiae of Secretary Mike Pompeo filed.
Aug 27, 2024
Motion to extend the time to file a response from September 9, 2024 to October 18, 2024, submitted to The Clerk.
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.
Oct 18, 2024
Brief of respondents Palestine Liberation Organization, et al. in opposition filed. VIDED.
Nov 5, 2024
Reply of petitioners Miriam Fuld, et al. filed. (Distributed)
Nov 6, 2024
DISTRIBUTED for Conference of 11/22/2024.
Dec 2, 2024
DISTRIBUTED for Conference of 12/6/2024.
Dec 6, 2024
Petition 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 6, 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."
Dec 30, 2024
Motion for an extension of time to file the briefs on the merits filed. VIDED.
Jan 9, 2025
Motion 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.
Jan 28, 2025
Brief of petitioners Miriam Fuld, et al. filed. VIDED.
Jan 28, 2025
Brief for United States not accepted for filing. (Jan. 30, 2025--to be corrected.)
Jan 28, 2025
Brief of petitioner the United States filed. VIDED. (Jan. 30, 2025--corrected paper briefs received, Feb. 3, 2025--corrected electronic brief posted.)
Jan 28, 2025
Joint appendix (3 volumes) filed. VIDED. (Statement of costs filed)
Jan 29, 2025
Brief amicus curiae of Alan Mygatt-Tauber in support of neither party filed. VIDED.
Feb 4, 2025
Brief amici curiae of Abraham D. Sofaer, et al. filed. VIDED.
Feb 4, 2025
Brief amici curiae of Scholars of Civil Procedure and Conflict of Laws filed. VIDED.
Feb 4, 2025
Brief amicus curiae of America First Legal Foundation filed. VIDED.
Feb 4, 2025
Brief amicus curiae of U.S. House of Representatives filed. VIDED.
Feb 4, 2025
Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Feb 4, 2025
Brief amicus curiae of Stephen E. Sachs filed. VIDED.
Feb 4, 2025
Brief amicus curiae of Michael Pompeo filed. VIDED.
Feb 4, 2025
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Feb 4, 2025
Brief amici curiae of Agudath Israel of America, et al. filed. VIDED.
Feb 4, 2025
Brief amici curiae of Members of the U.S. Senate and House of Representatives filed. VIDED.
Feb 4, 2025
Amicus brief of American Association for Justice not accepted for filing. (To be corrected February 6, 2025)
Feb 4, 2025
Brief amicus curiae of American Association for Justice filed. (Corrected)
Feb 10, 2025
SET FOR ARGUMENT on Tuesday, April 1, 2025. VIDED.
Feb 11, 2025
Application (24A795) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED.
Feb 12, 2025
Response in opposition to application from petitioners Miriam Fuld, et al. filed. VIDED.
Feb 13, 2025
Record requested from the United States Court of Appeals for the Second Circuit.
Feb 13, 2025
Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Feb 19, 2025
CIRCULATED
Feb 21, 2025
Application (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 28, 2025
Brief of respondents Palestine Liberation Organization, et al. filed. VIDED. (Distributed)
Mar 6, 2025
Motion for divided argument filed by petitioners Miriam Fuld, et al. VIDED.
Mar 21, 2025
Motion for divided argument filed by petitioners GRANTED. VIDED.
Mar 21, 2025
Reply of petitioner United States filed. VIDED. (Distributed)
Mar 21, 2025
Reply of petitioners Miriam Fuld, et al. filed. VIDED. (Distributed)
Apr 1, 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.
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.
Jul 22, 2025
Judgment Issued.

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