Whether ATA aiding-and-abetting liability requires conscious-voluntary-culpable-participation

QUESTIONS PRESENTED The Anti-Terrorism Act gives U.S. nationals injured “by reason of an act of international terrorism” causes of action for direct liability against the perpetrators and aiding-and-abetting liability against persons who “knowingly provid[e] substantial assistance.” 18 U.S.C. § 2333(a), (d)(2). For aiding-and-abetting liability, the “act of international terrorism” must be “committed, planned, or authorized by ... a foreign terrorist organization” as designated by the Secretary of State. Id. § 2333(d)(2). Petitioners are pharmaceutical and medical-device companies who supplied medical goods to the Iraqi Health Ministry. Respondents allege that a militia infiltrated the Ministry and diverted goods and payments to fund attacks that injured respondents. The D.C. Circuit held that these allegations pleaded an ATA aiding-and-abetting claim and proximate causation for direct liability. Thereafter, this Court held in Twitter, Inc. v. Taamneh that ATA aiding-and-abetting liability requires “conscious, voluntary, and culpable participation in” the “act of international terrorism that injured the plaintiffs.” 143 S. Ct. 1206, 1223, 1225 (2023). The questions presented are: 1. Whether, in light of Taamneh, the Court should grant, vacate, and remand for further proceedings. 2. Whether plaintiffs plead proximate causation as required for ATA direct liability by alleging that defendants transacted with a foreign-government agency that was in turn infiltrated by the group that injured plaintiffs. 3. Whether a U.S.-designated foreign terrorist organization “plan[s]’ or “authorize[s]” a specific attack— as required for ATA aiding-and-abetting liability—by providing general support or inspiration to a different group that carries out the attack. (1)