The Supreme Court ruled unanimously in favor of the victims of Palestinian terrorist groups on Friday in a case regarding the constitutionality of a U.S. law allowing lawsuits against the Palestinian Authority and Palestine Liberation Organization in American courts over payments to terrorists and their families through the “pay-for-slay” program.

The Supreme Court victory in Fuld v. Palestine Liberation Organization is a hard-fought win for the families, and comes following a decades-long series of efforts by American terror victims and their families to sue the Palestinian groups.

Previously, the Second Circuit had repeatedly ruled that legislation passed by Congress to assert U.S. jurisdiction over the PLO and PA, designed to allow victims to sue the groups, was unconstitutional.

Those rulings prompted a back-and-forth between the courts and Congress, which has repeatedly passed legislation designed to address the issues raised by the courts and re-establish a path for terror victims to use the PLO and PA.

The Supreme Court on Friday ruled that the most recent of those bills, the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which stated that the PLO and PA would be subject to U.S. jurisdiction if they continued the terror payments or carried out activities in the United States, was constitutional, reversing the Second Circuit’s decision.

In an opinion written by Chief Justice John Roberts, the court ruled that the PSJVTA was reasonable, tying jurisdiction to PLO and PA activities involving the U.S. and sensitive foreign policy matters in which Congress and the executive branch should enjoy broad discretion.

He wrote that the Constitution allows the federal government authority inside and outside the United States, particularly in cases involving U.S. nationals attacked outside U.S. borders.

The case was named for Ari Fuld, who in 2018 was stabbed to death by a Palestinian terrorist whose family subsequently received payments from the PA. Fuld’s wife was one of several family members of terror victims who were party to the suit.

“This is a big deal indeed,” Hillel Fuld, an American Israeli columnist and Ari’s brother, said on X. “Now any American citizen affected by Palestinian terror can sue the Palestinian authority in American courts.  Pretty unprecedented! Wow.”

“Ari continues to change the world even after his death,” Fuld continued.

The Supreme Court’s decision should also allow a previous $650 million judgement in the case Sokolow v. Palestine Liberation Organization, which was struck down by the Second Circuit, to move ahead.

Justice Clarence Thomas wrote in a concurring opinion that the court should have gone further in its decision, saying that he is “skeptical” that groups such as the PLO and PA are entitled to “any constitutional rights at all, let alone qualify as ‘person[s]’ for purposes of the Fifth Amendment.” Thomas also cast doubt on the idea that the Fifth Amendment restrains in any way Congress’ authority to expand U.S. jurisdiction beyond U.S. borders.

Justice Neil Gorsuch joined Thomas’s concurrence in part.

“It’s a big win for the plaintiffs,” Mark Pinkert, an attorney for Holtzman Vogel who filed an amicus brief on behalf of a slew of Jewish organizations, told Jewish Insider. “It’s a very big win for victims of terrorism. It’s a really good day.”

He said the case should bring to an end the long-running battle over whether U.S. courts have jurisdiction in these cases.

“For the Sokolow plaintiffs, who already got a jury award, that should be it, and that should allow them to have that jury award reinstated,” Pinkert continued. “Now there’s questions about how they collect on it, but as far as having a judgment in hand that says, ‘You owe me $600 million,’ it should be the nail in the coffin.”

The Fuld case will still need to proceed to trial, but he said it’s “not a stretch to say the Fuld plaintiffs” will be able to successfully argue their case, given the results in Sokolow.

Pinkert explained that in their decision, the justices largely declined to address broader constitutional questions about the boundaries of the Fifth Amendment raised during oral arguments, only declaring that this case did not violate it.

The arrest on Monday of a Palestinian student at Columbia University who helped organize campus anti-Israel demonstrations was the latest front in the Trump administration’s closely scrutinized crackdown on foreign activists who have expressed sympathy for Hamas and other Palestinian terrorist groups. 

Mohsen Mahdawi, a 34-year-old green card holder born and raised in the West Bank, was arrested and detained by federal immigration officers on Monday after he appeared at a U.S. citizenship interview in Vermont, where he resides.

Tricia McLaughlin, a Department of Homeland Security spokesperson, said in an email to Jewish Insider on Tuesday that Mahdawi “was a ringleader in the Columbia protests,” sharing a New York Post article citing anonymous State Department sources claiming that he had used “threatening rhetoric and intimidation” against Jewish students.

“Due to privacy and other considerations, and visa confidentiality, we generally will not comment on Department actions with respect to specific cases,” a State Department spokesperson told JI on Tuesday.

Mahdawi’s lawyers filed a habeas corpus petition on Monday calling his detention unlawful. “This case concerns the government’s retaliatory and targeted detention and attempted removal of Mr. Mahdawi for his constitutionally protected speech,” the petition said.    

Representatives for Columbia declined to comment on Mahdawi’s arrest, citing federal student privacy law.

Like Mahmoud Khalil, a Palestinian green card holder and recent Columbia University graduate arrested by federal immigration agents last month, Mahdawi has not yet been charged with a crime. Instead, he appears to have been detained on a provision of the Immigration and Nationality Act cited by Secretary of State Marco Rubio to justify expelling foreigners who are seen as a threat to U.S. foreign policy and national security, which the petition also challenges.

Last week, a federal judge in Louisiana ordered that Khalil can be deported, determining such arguments are sufficient grounds for his removal, in a decision that is expected to face further challenges.

A federal judge in Vermont ruled on Monday that Mahdawi must be held in the state and cannot be removed from the country for now. 

Mahdawi’s legal team did not respond to a request for comment on Tuesday.    

Mahdawi had been a key organizer of anti-Israel protests at Columbia that roiled the campus after Hamas’ Oct. 7, 2023, attacks. He helped to found Columbia University Apartheid Divest and was a member of the university’s Students for Justice in Palestine chapter, which has expressed pro-Hamas rhetoric, among other student anti-Israel groups. 

For his part, Mahdawi, who moved to the U.S. from a refugee camp in the West Bank in 2014, called Hamas a “product of the Israeli occupation” shortly after the attacks and reportedly helped to write a statement released by Columbia student groups on Oct. 14, 2023, claiming that the “Palestinian struggle for freedom is rooted in international law, under which occupied peoples have the right to resist the occupation of their land.”

He also appeared at a rally a month after the attack alongside Nerdeen Kiswani of Within Our Lifetime, a radical group that advocates for armed resistance against Israel. 

In an interview on “60 Minutes” in December 2023, Mahdawi voiced sympathy for Hamas’ terror attacks.

“I did not say that I justify what Hamas has done. I said I can empathize,” he said. “To empathize is to understand the root cause and to not look at any event or situation in a vacuum. This is for me that path moving forward.”

On his Instagram page in August, meanwhile, Mahdawi posted photos commemorating what he called the “martyrdom” of his “cousin,” Maysara Masharqa, a field commander in the Al-Aqsa Martyrs Brigade, the armed wing of Fatah, describing him as a “fierce resistance fighter,” according to The Washington Free Beacon. 

“Here is Mesra who offers his soul as a sacrifice for the homeland and for the blood of the martyrs as a gift for the victory of Gaza and in defense of the dignity of his homeland and his people against the vicious Israeli occupation in the West Bank,” Mahdawi wrote.

While the petition filed by his legal team notes that he stepped back from such activism in March 2024, Mahdawi’s public statements drew intense scrutiny from several antisemitism watchdog groups that are pushing the Trump administration to target campus protest leaders.

Mahdawi, who was an undergraduate at Columbia University, was planning to pursue a master’s degree in the fall, according to the petition.

His arrest drew criticism on Monday from Sens. Bernie Sanders (I-VT), Peter Welch (D-VT) and Rep. Becca Balint (D-VT), who said in a statement that “he must be afforded due process under the law and immediately released from detention.”