Zivotofsky v. Kerry

Zivotofsky v. Kerry
Argued November 3, 2014
Decided June 8, 2015
Full case nameMenachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky, Petitioner v. John Kerry, Secretary of State
Docket no.13-628
Citations576 U.S. 1 (more)
135 S. Ct. 2076; 192 L. Ed. 2d 83
ArgumentOral argument
Case history
PriorSee Zivotofsky v. Clinton for details.
Holding
The President has the exclusive power to grant formal recognition to a foreign sovereign. Because the power to recognize foreign states resides in the President alone, § 214(d) of the Foreign Relations Authorization Act infringes on the Executive’s decision to withhold recognition with respect to Jerusalem. D.C. Circuit affirmed.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityKennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
ConcurrenceBreyer
Concur/dissentThomas
DissentRoberts, joined by Alito
DissentScalia, joined by Roberts, Alito

Zivotofsky v. Kerry, 576 U.S. 1 (2015), is a United States Supreme Court decision that held that the president, as head of the executive branch, has exclusive power to recognize (or not recognize) foreign nations; as such, Congress may not require the State Department to indicate in passports that Jerusalem is part of Israel.