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Fuld v. PLO: Due Process and Foreign Terrorism Claims

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Manage episode 492179254 series 3675085
Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A Notebook LM review of a June 2025 United States Supreme Court opinion concerning the constitutionality of the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), specifically its provisions for personal jurisdiction over the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA). The core issue is whether the PSJVTA's assertion of jurisdiction over these entities, which are not recognized as sovereign by the U.S., violates the Fifth Amendment's Due Process Clause. The majority opinion reverses a lower court's decision, holding that the Fifth Amendment does not impose the same strict territorial limits on federal courts as the Fourteenth Amendment imposes on state courts, particularly when foreign policy and national security are involved. Justice Thomas's concurring opinion further explores the historical understanding of the Fifth Amendment, arguing that it imposes no territorial constraints on Congress's power to extend federal jurisdiction and that any such limits traditionally stemmed from international law, which Congress has the authority to override.

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22 episodes

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Manage episode 492179254 series 3675085
Content provided by Brian Dennison. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Brian Dennison or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

A Notebook LM review of a June 2025 United States Supreme Court opinion concerning the constitutionality of the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), specifically its provisions for personal jurisdiction over the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA). The core issue is whether the PSJVTA's assertion of jurisdiction over these entities, which are not recognized as sovereign by the U.S., violates the Fifth Amendment's Due Process Clause. The majority opinion reverses a lower court's decision, holding that the Fifth Amendment does not impose the same strict territorial limits on federal courts as the Fourteenth Amendment imposes on state courts, particularly when foreign policy and national security are involved. Justice Thomas's concurring opinion further explores the historical understanding of the Fifth Amendment, arguing that it imposes no territorial constraints on Congress's power to extend federal jurisdiction and that any such limits traditionally stemmed from international law, which Congress has the authority to override.

  continue reading

22 episodes

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