But Were They Jewish?

As the old maxim goes: "Two Jews, three opinions." Today, Jonathan Adler points to the D.C. Circuit's decision in Estate of Mark Parsons v. Palestinian Authority, where the three judge panel released four opinions. Judge Tatel wrote for the court, but also wrote a concurring opinion. Judges Henderson and Brown each wrote opinions concurring-in-part and dissenting-in-part as well.

The case was about whether the estate of a State Department employee killed by a roadside bomb in Gaza could sue the Palestinian Authority under the Anti-Terrorism Act of 1991. The appellate panel agreed with the district court that the conspiracy claims were too speculative to stand, but reversed a decision which would have prevented the case from proceeding to a jury on material support for terrorism claims.