Zivotofsky v. Kerry | |
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Argued November 3, 2014 Decided June 8, 2015 | |
Full case name | Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky, Petitioner v. John Kerry, Secretary of State |
Docket no. | 13-628 |
Citations | 576 U.S. 1 (more) 135 S. Ct. 2076; 192 L. Ed. 2d 83 |
Argument | Oral argument |
Case history | |
Prior | See 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 | |
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Case opinions | |
Majority | Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan |
Concurrence | Breyer |
Concur/dissent | Thomas |
Dissent | Roberts, joined by Alito |
Dissent | Scalia, 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.