The U.S. Court of Appeals for the Second Circuit in New York heard oral arguments on Wednesday, October 7, 2026, regarding a lawsuit filed by the families of Sept. 11 victims against the government of Saudi Arabia. The court is considering whether to uphold an August 2025 District Court decision that allowed the case to move toward trial. Saudi Arabia is seeking to reverse that ruling, arguing that as a foreign sovereign state, it is immune from prosecution in U.S. courts.
The litigation, which began in 2002, involves thousands of family members and dozens of insurers seeking damages for the 2001 terrorist attacks. The plaintiffs allege that a Saudi government employee, Omar al-Bayoumi, provided assistance to two of the hijackers while working with a network of officials. Saudi Arabia has denied these allegations, describing them as "categorically false." The case was previously revived by the Second Circuit in 2013 after a 2005 dismissal, and in 2016, Congress passed the Justice Against Sponsors of Terrorism Act (JASTA) to allow civil claims against foreign states for acts of international terrorism.
In the hearing on Wednesday, Saudi counsel Gregory Rapawy argued that core issues of fact regarding Bayoumi's employment status remain undecided and must be resolved before immunity can be stripped. Families' lawyer Gavin Simpson countered that the District Court had already found Bayoumi followed Saudi instructions when assisting the hijackers. The three-judge panel, which included Judges William Nardini and Guido Calabresi, took the case under advisement. The judges discussed the possibility of sending the matter back to the District Court for more concrete findings, which could include testimony from witnesses such as Bayoumi, who is now retired.
The lawsuit, consolidated as In Re Terrorist Attacks on September 11, 2001, has remained in the court system for over two decades. For the families involved, the outcome determines whether they can proceed to a trial regarding the deaths of nearly 3,000 people. The litigation has involved recent evidence including over 20 depositions with former Saudi officials. The case also examines the role of "da’wa organizations," or state-sponsored charities, in the development of terrorist networks. Judge Nardini confirmed the panel will issue a decision at a future date. The next phase depends on whether the panel upholds the District Court ruling or orders further fact-finding.