Anti-Terrorism Legislation

Latest in Anti-Terrorism Legislation

Fifth Amendment

District Court Rules Anti-Terrorism Law Violates Fifth Amendment

The U.S. District Court for the Southern District of New York has held that the 2019 Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”)—successor to the 2018 Anti-Terrorism Clarification Act—cannot subject the Palestinian Authority or Palestine Liberation Organization to the personal jurisdiction of federal courts for the purposes of terrorism-related civil liability, as the means by which it purports to secure their consent to such jurisdiction are in violation of the Fifth Amendment’s Due Process Clause.

Anti-Terrorism Act

D.C. Circuit Court Reverses District Court Ruling in Anti-Terrorism Act Case

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s dismissal of a lawsuit over whether medical supply and manufacturing companies can be held liable under the federal Anti-Terrorism Act for deliveries of drugs and medical supplies in Iraq.

Anti-Terrorism Legislation

Shedding Light on the Anti-Terrorism Clarification Act of 2018

President Donald Trump quietly signed the bipartisan Anti-Terrorism Clarification Act of 2018 (ATCA) into law on Oct. 3. Described as a “carefully balanced approach to better ensure victims’ access to compensation and hold supporters of terrorism accountable” by its principal author, Sen.

France

French Constitutional Council Strikes Down Data Copying During Warrantless Searches

On Friday, February 19, the Constitutional Council upheld two articles of the state-of-emergency law—meeting bans and warrantless searches—as constitutional, but struck down a provision allowing the police to copy data when conducting such searches. Separately, the French Parliament extended the state of emergency through the end of May.

Anti-Terrorism Legislation

French Constitutional Amendment on Emergency Powers Moves Forward

The National Assembly voted this week to adopt an amendment that would enshrine the state of emergency in the French Constitution and extend denaturalization to dual-nationals born in France who are convicted of terrorism.

The vote in the National Assembly was 317 for, 199 against, with 55 abstentions. The Senate is expected to take up the bill in mid-March—for constitutional reforms, a four-week delay is required between reviews by each house.

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