Zivotofsky v. Kerry
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-628 | D.C. Cir. | Nov 3, 2014 | Jun 8, 2015 | 6-3 | Kennedy | OT 2014 |
Holding: Because the power to recognize foreign states resides in the president alone, Section 214(d) of the Foreign Relations Authorization Act of 2003 – which directs the Secretary of State, upon request, to designate “Israel” as the place of birth on the passport of a U.S. citizen who is born in Jerusalem – infringes on the executive’s consistent decision to withhold recognition with respect to Jerusalem.
Judgment: Affirmed, 6-3, in an opinion by Justice Kennedy on June 8, 2015. Justice Breyer filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgement in part and dissenting in part. Chief Justice Roberts filed a dissenting opinion, in which Justice Alito joined. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, and Justice Alito joined.
SCOTUSblog Coverage
- Symposium: Justice Thomas gets it right in Zivotofsky (Michael Ramsey, June 9, 2015)
- Symposium: President wins in Zivotofsky: Will there be another battle? (Alan Morrison, June 9, 2015)
- Symposium: Zivotofsky was not about recognition by Congress or the President (Eugene Kontorovich, June 9, 2015)
- Symposium: Zivotofsky and pragmatic foreign relations law (Curtis Bradley, June 9, 2015)
- Executive branch prevails in Jerusalem passports case: In Plain English (Amy Howe, June 8, 2015)
- Opinion analysis: Walking on a tightrope on Mideast policy (Lyle Denniston, June 8, 2015)
- A View from the Courtroom: International Day (Mark Walsh, June 8, 2015)
- Jerusalem passport case divides Court: In Plain English (Amy Howe, November 4, 2014)
- Argument analysis: Playing "diplomat for a day" (Lyle Denniston, November 3, 2014)
- Argument preview: Court edges close to the Mideast cauldron (Lyle Denniston, November 1, 2014)
- Petition of the day (Mary Pat Dwyer, March 27, 2014)
| Date | Proceedings and Orders |
|---|---|
| Oct 8 2013 | Application (13A354) to extend the time to file a petition for a writ of certiorari from October 21, 2013 to November 20, 2013, submitted to The Chief Justice. |
| Oct 8 2013 | Application (13A354) granted by The Chief Justice extending the time to file until November 20, 2013. |
| Nov 20 2013 | Petition for a writ of certiorari filed. (Response due December 23, 2013) |
| Dec 18 2013 | Order extending time to file response to petition to and including January 22, 2014. |
| Dec 23 2013 | Brief amici curiae of Members of the United States Senate, and United States House of Representatives filed. |
| Jan 14 2014 | Order further extending time to file response to petition to and including February 21, 2014. |
| Feb 21 2014 | Brief of respondent John Kerry, Secretary of State in opposition filed. |
| Mar 3 2014 | Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed. |
| Mar 12 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 31 2014 | DISTRIBUTED for Conference of April 4, 2014. |
| Apr 7 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Apr 21 2014 | Petition GRANTED. |
| May 8 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2014. |
| May 8 2014 | The time to file respondent's brief on the merits is extended to and including September 22, 2014. |
| Jul 15 2014 | Joint appendix filed. (Statement of costs filed) |
| Jul 15 2014 | Brief of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed. |
| Jul 17 2014 | Brief amicus curiae of Louis Fisher filed. |
| Jul 22 2014 | Brief amicus curiae of American Jewish Committee filed. |
| Jul 22 2014 | Brief amici curiae of Anti-Defamation League, et al. filed. |
| Jul 22 2014 | Brief amicus curiae of Endowment for Middle East Truth (EMET) filed. |
| Jul 22 2014 | Brief amici curiae of Members of the United States House of Representatives filed. |
| Jul 22 2014 | Brief amicus curiae of Texas filed. |
| Jul 22 2014 | Brief amici curiae of Louis D. Brandeis Center for Human Rights Under Law, et al. filed. |
| Jul 22 2014 | Brief amicus curiae of Zionist Organization of America filed. |
| Jul 22 2014 | Brief amicus curiae of Public Citizen, Inc. filed. |
| Jul 22 2014 | Brief amicus curiae of International Association of Jewish Lawyers and Jurists (R.A.) filed. |
| Jul 22 2014 | Brief amicus curiae of The United States Senate filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Monday, November 3, 2014. |
| Sep 8 2014 | Record requested from U.S.C.A. for the District of Columbia Circuit. |
| Sep 9 2014 | Record received from U.S.D.C. of District of Columbia is electronic and located on PACER. |
| Sep 16 2014 | Record received from U.S.C.A District of Columbia Circuit is located on PACER. Also record received from U.S.C.A. District of Columbia Circuit. 1-Box |
| Sep 19 2014 | CIRCULATED |
| Sep 22 2014 | Brief of respondent John Kerry, Secretary of State filed. (Distributed) |
| Sep 29 2014 | Brief amicus curiae of The American-Arab Anti-Discrimination Committee filed. (Distributed) |
| Sep 29 2014 | Brief amicus curiae of True Torah Jews, Inc. filed. (Distributed) |
| Sep 29 2014 | Brief amicus curiae of David Boyle filed. (Distributed) |
| Oct 22 2014 | Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed. |
| Nov 3 2014 | Argued. For petitioner: Alyza D. Lewin, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| Jun 8 2015 | Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part. Roberts, C. J., filed a dissenting opinion, in which Alito, J., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined. |
| Jul 10 2015 | JUDGMENT ISSUED. |
| Jul 15 2015 | Record from U.S.C.A. DC Circuit has been returned. |
