On September 28, 2016, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), a bill whose purpose was to curtail foreign states’ ability to invoke sovereign immunity in response to civil lawsuits alleging that the state(s) had committed or aided a terrorist attack against U.S. nationals or interests. JASTA was first introduced in Congress in December 2009, and more recently reintroduced on September 16, 2015. Although members of Congress expressed misgivings about JASTA’s “unintended consequences” that could affect U.S. interests abroad, it by overriding the veto by wide majorities, JASTA has become law.

JASTA amends the U.S. Foreign Sovereign Immunities Act (FSIA), the legal regime that governs litigation against foreign sovereigns and state instrumentalities in American courts. The FSIA establishes a general presumption that foreign sovereigns are immune from suit, subject to certain exceptions. JASTA, however, creates a significantly expanded exception to sovereign immunity designed to enable private plaintiffs to bring suit against foreign states based on allegations that the state(s) committed or aided terrorist acts against U.S. interests or nationals, and to legislatively abrogate judicial decisions that had dismissed such cases brought by victims of the September 11, 2011 attacks on the United States. While JASTA secured major support in Congress, even though it was the subject of little committee consideration, it passed the House and Senate unanimously by voice vote, many members from both the House and Senate expressed concerns over the legislation and flagged the need to “fix” the law. In addition, several commentators – including the national security and defense establishment, major think tanks and the editorial boards of major U.S. newspapers – inveighed against its adoption and argued for reconsideration. Furthermore, several U.S. allies expressed alarm at Congress’ willingness to tinker with the well-understood system of sovereign immunity.