Grassley, Colleagues Remind DOJ to Defend the Constitutionality of Congressional Laws, Including a Key Anti-Terror Statute

Grassley, Colleagues Remind DOJ to Defend the Constitutionality of Congressional Laws, Including a Key Anti-Terror Statute

WASHINGTON - Sen. Chuck Grassley (R-Iowa), a senior member and former chairman of the Senate Judiciary Committee, this week reminded the Justice Department (DOJ) of its longstanding practice to defend the constitutionality of laws Congress passes. His bipartisan, bicameral letter was prompted by a recent decision - which has since been appealed to the Supreme Court - questioning the constitutionality of the 2019Promoting Security and Justice for Victims of Terrorism Act(PSJVTA). Co-leading the effort are Sen. Richard Blumenthal (D-Conn.) and Reps. Christopher Smith (R-N.J.) and Jerrold Nadler (D-N.Y.).

The lawmakers' letter to Attorney General Merrick Garland and Solicitor General Elizabeth Prelogar reads, in part:

"This legislation and its underlying public policy motivations further federal interests by aiming to deter and disrupt international terrorism-either these organizations abandon their evil, criminal ways or else they will be financially liable for the Americans who are injured and killed. […] The Second Circuit's recent decision holding that the PSJVTA is unconstitutional hinders victims and their families' ability to obtain justice. This ruling risks undermining our country's anti-terror laws and vital national policy interests."

Additional signatories include Sens. James Lankford (R-Okla.), Jacky Rosen (D-N.V.) and Thom Tillis (R-N.C.), and Reps. Bradley Schneider (D-Ill.), Claudia Tenney (R-N.Y.) and Grace Meng (D-N.Y.).

Background:

The PSJVTA is a carefully crafted statute to hold terrorists and the organizations that harbor them responsible by empowering American victims to seek justice through civil litigation. Specifically, it subjects organizations like the Palestine Liberation Organization (PLO) and Palestinian Authority (PA) to U.S. courts' jurisdiction when they pay or support terrorists who injure or kill U.S. citizens abroad.

Grassley helped introduce the PSJVTA after a ruling effectively punted all cases against the PLO and PA when their liability-creating conduct was deemed as beyond U.S. courts' reach. PSJVTA amended the Anti-Terrorism Act of 1992, another bill Grassley authored to strengthen laws for American terror victims.

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