Holtzman Vogel Files SCOTUS Amicus Brief on Behalf of 17 Organizations Supporting American Victims of Palestinian Terrorism
On February 4, Holtzman Vogel, led by Mark Pinkert, Jason Torchinsky, Erielle Davidson, and Jared Bauman, filed a Supreme Court amicus brief on behalf of 17 Jewish, pro-Israel, and civil rights groups in support of American victims of Palestinian terrorism.
The Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) are responsible for the harm to these victims because they plan, fund, encourage, and reward terrorism, and have been doing so for decades. Under a deeply entrenched “Pay for Slay” system, Palestinian terrorists who maim or murder civilians—including Americans living or traveling abroad—are legally eligible for substantial financial rewards and benefits. In this case, American victims and their families sued the PA and the PLO for Pay for Slay under the Anti-Terrorism Act (ATA), but the Second Circuit upheld dismissal of the lawsuits, holding that U.S. federal courts do not have personal jurisdiction over these foreign organizations. Their case is now in front of the Supreme Court.
In support of the Petitioners, Holtzman Vogel describes Pay for Slay in detail and pays tribute to the victims of that evil system. The amicus brief recounts the history of the PA and PLO, explaining how Pay for Slay developed into a formalized institution and how it perpetuates a cycle of violence to this day. With overwhelming bipartisan support, Congress passed statutes ensuring that the PA and PLO would be subject to jurisdiction in U.S. courts, recognizing that civil liability not only provides justice to the victims but also is essential to our nation’s anti-terrorism strategy and may help end Pay for Slay.
Holtzman Vogel argues that holding the PLO and PA liable for Pay for Slay in U.S. courts is fundamentally fair and reasonable. The PLO and PA have operated on U.S. soil, exploiting American commerce and communication channels to advocate for their cause. Worse, they have intentionally killed Americans abroad for political gain, which alone should suffice to hold them accountable in the U.S. The PA and PLO were on notice that their activities would subject them to jurisdiction, yet they continued to sponsor terrorism anyway. Holtzman Vogel was proud to advocate in support of the victims, and it hopes they obtain the justice they deserve.
Holtzman Vogel is honored to represent 17 Jewish, pro-Israel, and civil rights organizations that operate across a broad political spectrum but who speak clearly with one voice against terrorism. We thank Agudath Israel of America, American Association of Jewish Lawyers and Jurists, American Jewish Committee, Anti-Defamation League, Christians United for Israel, Coalition for Jewish Values, Endowment for Middle East Truth, International Legal Forum, Louis D. Brandeis Center for Human Rights Under Law, National Jewish Advocacy Center, Inc., One Israel Fund, Ltd., Orthodox Jewish Chamber of Commerce, Rieders Foundation, StandWithUs Saidoff Legal Department, StopAntisemitism, Union of Orthodox Jewish Congregations of America, and Zionist Organization of America. Holtzman Vogel also expresses gratitude to the team at Haynes Boone for its collaboration on filing this important brief.
