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

Executive branch prevails in Jerusalem passports case: In Plain English (Amy Howe, June 9, 2015)
Symposium: Zivotofsky and pragmatic foreign relations law (Curtis Bradley, June 9, 2015)
Symposium: Zivotofsky was not about recognition by Congress or the President (Eugene Kontorovich, June 9, 2015)
Symposium: President wins in Zivotofsky: Will there be another battle? (Alan Morrison, June 9, 2015)
Symposium: Justice Thomas gets it right in Zivotofsky (Michael Ramsey, June 9, 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 28, 2014)

Date	Proceedings and Orders (key to color coding)
10/08/2013	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.
10/08/2013	Application (13A354) granted by The Chief Justice extending the time to file until November 20, 2013.
11/20/2013	Petition for a writ of certiorari filed. (Response due December 23, 2013)
12/18/2013	Order extending time to file response to petition to and including January 22, 2014.
12/23/2013	Brief amici curiae of Members of the United States Senate, and United States House of Representatives filed.
01/14/2014	Order further extending time to file response to petition to and including February 21, 2014.
02/21/2014	Brief of respondent John Kerry, Secretary of State in opposition filed.
03/03/2014	Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
03/12/2014	DISTRIBUTED for Conference of March 28, 2014.
03/31/2014	DISTRIBUTED for Conference of April 4, 2014.
04/07/2014	DISTRIBUTED for Conference of April 18, 2014.
04/21/2014	Petition GRANTED.
05/08/2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2014.
05/08/2014	The time to file respondent's brief on the merits is extended to and including September 22, 2014.
07/15/2014	Joint appendix filed. (Statement of costs filed)
07/15/2014	Brief of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
07/17/2014	Brief amicus curiae of Louis Fisher filed.
07/22/2014	Brief amicus curiae of American Jewish Committee filed.
07/22/2014	Brief amici curiae of Anti-Defamation League, et al. filed.
07/22/2014	Brief amicus curiae of Endowment for Middle East Truth (EMET) filed.
07/22/2014	Brief amici curiae of Members of the United States House of Representatives filed.
07/22/2014	Brief amicus curiae of Texas filed.
07/22/2014	Brief amici curiae of Louis D. Brandeis Center for Human Rights Under Law, et al. filed.
07/22/2014	Brief amicus curiae of Zionist Organization of America filed.
07/22/2014	Brief amicus curiae of Public Citizen, Inc. filed.
07/22/2014	Brief amicus curiae of International Association of Jewish Lawyers and Jurists (R.A.) filed.
07/22/2014	Brief amicus curiae of The United States Senate filed.
09/04/2014	SET FOR ARGUMENT on Monday, November 3, 2014.
09/08/2014	Record requested from U.S.C.A. for the District of Columbia Circuit.
09/09/2014	Record received from U.S.D.C. of District of Columbia is electronic and located on PACER.
09/16/2014	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
09/19/2014	CIRCULATED
09/22/2014	Brief of respondent John Kerry, Secretary of State filed. (Distributed)
09/29/2014	Brief amicus curiae of The American-Arab Anti-Discrimination Committee filed. (Distributed)
09/29/2014	Brief amicus curiae of True Torah Jews, Inc. filed. (Distributed)
09/29/2014	Brief amicus curiae of David Boyle filed. (Distributed)
10/22/2014	Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
11/03/2014	Argued. For petitioner: Alyza D. Lewin, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
06/08/2015	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.
07/10/2015	JUDGMENT ISSUED.
07/15/2015	Record from U.S.C.A. DC Circuit has been returned.