UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT ____________________________________

August Term 2022 Argued: May 3, 2023 Decided: September 8, 2023

Docket Nos. 22-76-cv (L), 22-496-cv (Con) ____________________________________

MIRIAM FULD, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF ARI YOEL FULD, DECEASED, AND AS NATURAL GUARDIAN OF PLAINTIFF NATAN SHAI FULD, NATAN SHAI FULD, MINOR, BY HIS NEXT FRIEND AND GUARDIAN MIRIAM FULD, NAOMI FULD, TAMAR GILA FULD, AND ELIEZER YAKIR FULD,

Plaintiffs – Appellants,

UNITED STATES OF AMERICA,

Intervenor – Appellant,

—v.—

THE PALESTINE LIBERATION ORGANIZATION AND THE PALESTINIAN AUTHORITY (A/K/A “THE PALESTINIAN INTERIM SELF-GOVERNMENT AUTHORITY,” AND/OR “THE PALESTINIAN COUNCIL,” AND/OR “THE PALESTINIAN NATIONAL AUTHORITY”),

Defendants – Appellees. * __________________________________ * The Clerk of Court is directed to amend the official caption as set forth above. Before: LEVAL AND BIANCO, Circuit Judges, AND KOELTL, District Judge. **

The plaintiffs, several family members of a United States citizen killed in an overseas terrorist attack, appeal from a judgment of the United States District Court for the Southern District of New York (Furman, J.) dismissing their claims against the Palestine Liberation Organization (“PLO”) and the Palestinian Authority (“PA”) for lack of personal jurisdiction. The Government, as intervenor in accordance with 28 U.S.C. § 2403(a) and Federal Rule of Civil Procedure 5.1(c), also appeals from that judgment. On appeal, both the plaintiffs and the Government argue that the district court erred in finding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”), Pub. L. No. 116-94, § 903(c), 133 Stat. 2534, 3082, the statute on which the plaintiffs relied to allege personal jurisdiction over the defendants. The PSJVTA specifically provides that the PLO and the PA “shall be deemed to have consented to personal jurisdiction” in any civil action pursuant to the Anti-Terrorism Act, 18 U.S.C. § 2333, irrespective of “the date of the occurrence of the act of international terrorism” at issue, upon engaging in certain forms of post-enactment conduct, namely (1) making payments, directly or indirectly, to the designees or families of incarcerated or deceased terrorists, respectively, whose acts of terror injured or killed a United States national, or (2) undertaking any activities within the United States, subject to a handful of exceptions. Id. § 2334(e). We conclude that the PSJVTA’s “deemed consent” provision is inconsistent with the dictates of the Fifth Amendment’s Due Process Clause. Accordingly, we AFFIRM the judgment of the district court. ______________

ALLON KEDEM, Arnold & Porter Kaye Scholer LLP, Washington, D.C. (Kent A. Yalowitz, Avishai D. Don, David C. Russell, Arnold & Porter Kaye Scholer LLP, New York, NY, Dirk C. Phillips, Stephen K. Wirth, Arnold & Porter Kaye Scholer LLP, Washington, D.C., Jeffrey Fleischmann, The Law Office of Jeffrey Fleischmann, P.C., New York, NY, Samuel Silverman,

** Judge John G. Koeltl, of the United States District Court for the Southern District of New York, sitting by designation. 2 The