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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.

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