Fuld v. Palestine Liberation Organization

In this case, the court considered this issue: Does the Promoting Security and Justice for Victims of Terrorism Act violate the Due Process Clause of the Fifth Amendment?The case was decided on June 20, 2025.The Supreme Court held that the PSJVTA’s personal jurisdiction provision does not violate the Fifth Amendment’s Due Process Clause because the statute reasonably ties jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches. Chief Justice John Roberts authored the majority opinion of the Court.The Fifth Amendment’s Due Process Clause does not impose the same jurisdictional limitations as the Fourteenth Amendment because the federal government occupies a sovereign sphere dramatically different from that of state governments. While the Fourteenth Amendment’s jurisdictional limits protect interstate federalism by ensuring states do not exceed their territorial boundaries as coequal sovereigns, these federalism concerns are inapplicable to the federal government, which possesses both nationwide and extraterritorial authority. The Constitution authorizes the federal government alone to regulate foreign commerce, prosecute offenses against U.S. nationals abroad, and conduct foreign affairs. Therefore, the Fifth Amendment permits a more flexible jurisdictional inquiry commensurate with the federal government’s broader sovereign authority than the “minimum contacts” standard required under the Fourteenth Amendment.The PSJVTA represents a permissible exercise of this authority because it narrowly targets only two specific foreign entities that have longstanding, complex relationships with the United States involving terrorism concerns. The statute’s jurisdictional predicates—payments to imprisoned terrorists and their families, and activities conducted on U.S. soil—directly implicate important federal policies aimed at deterring terrorism and protecting American citizens. The political branches’ coordinated judgment in enacting this legislation warrants judicial deference, particularly given the statute’s limited scope applying only to ATA cases and its clear notice to the PLO and PA that specified conduct would subject them to U.S. jurisdiction. Even assuming a reasonableness inquiry applies under the Fifth Amendment, the PSJVTA satisfies it given the federal government’s compelling interest in providing a forum for terrorism victims, the plaintiffs’ interest in obtaining relief, and the absence of any unfair burden on these sophisticated international organizations that have litigated in U.S. courts for decades.Justice Thomas authored an opinion concurring in the judgment, joined by Justice Gorsuch as to Part II, arguing that the Fifth Amendment’s Due Process Clause imposes no territorial limits on the federal government’s power to extend federal jurisdiction beyond the nation's borders.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.