Zivotofsky v. Kerry
Zivotofsky v. Kerry, 576 U.S. 1 (2015), is a United States Supreme Court case in which the Court held that the president has the exclusive power to recognize (or not recognize) foreign nations, and, therefore, Congress may not require the State Department to indicate in passports that Jerusalem is part of Israel.
| Zivotofsky v. Kerry | |
|---|---|
| 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 | |
| |
| 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 |
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