Zivotofsky v. Kerry
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 Anthony McLeod Kennedy on Jun 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.
Oct 8, 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.
Oct 8, 2013Application (13A354) granted by The Chief Justice extending the time to file until November 20, 2013.
Nov 20, 2013Petition for a writ of certiorari filed. (Response due December 23, 2013)
Dec 18, 2013Order extending time to file response to petition to and including January 22, 2014.
Dec 23, 2013Brief amici curiae of Members of the United States Senate, and United States House of Representatives filed.
Jan 14, 2014Order further extending time to file response to petition to and including February 21, 2014.
Feb 21, 2014Brief of respondent John Kerry, Secretary of State in opposition filed.
Mar 3, 2014Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
Mar 12, 2014DISTRIBUTED for Conference of March 28, 2014.
Mar 31, 2014DISTRIBUTED for Conference of April 4, 2014.
Apr 7, 2014DISTRIBUTED for Conference of April 18, 2014.
Apr 21, 2014Petition GRANTED.
May 8, 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2014.
May 8, 2014The time to file respondent's brief on the merits is extended to and including September 22, 2014.
Jul 15, 2014Joint appendix filed. (Statement of costs filed)
Jul 15, 2014Brief of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
Jul 17, 2014Brief amicus curiae of Louis Fisher filed.
Jul 22, 2014Brief amicus curiae of American Jewish Committee filed.
Jul 22, 2014Brief amici curiae of Anti-Defamation League, et al. filed.
Jul 22, 2014Brief amicus curiae of Endowment for Middle East Truth (EMET) filed.
Jul 22, 2014Brief amici curiae of Members of the United States House of Representatives filed.
Jul 22, 2014Brief amicus curiae of Texas filed.
Jul 22, 2014Brief amici curiae of Louis D. Brandeis Center for Human Rights Under Law, et al. filed.
Jul 22, 2014Brief amicus curiae of Zionist Organization of America filed.
Jul 22, 2014Brief amicus curiae of Public Citizen, Inc. filed.
Jul 22, 2014Brief amicus curiae of International Association of Jewish Lawyers and Jurists (R.A.) filed.
Jul 22, 2014Brief amicus curiae of The United States Senate filed.
Sep 4, 2014SET FOR ARGUMENT on Monday, November 3, 2014.
Sep 8, 2014Record requested from U.S.C.A. for the District of Columbia Circuit.
Sep 9, 2014Record received from U.S.D.C. of District of Columbia is electronic and located on PACER.
Sep 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
Sep 19, 2014CIRCULATED
Sep 22, 2014Brief of respondent John Kerry, Secretary of State filed. (Distributed)Sep 29, 2014Brief amicus curiae of The American-Arab Anti-Discrimination Committee filed. (Distributed)Sep 29, 2014Brief amicus curiae of True Torah Jews, Inc. filed. (Distributed)Sep 29, 2014Brief amicus curiae of David Boyle filed. (Distributed)Oct 22, 2014Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
Nov 3, 2014Argued. For petitioner: Alyza D. Lewin, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Jun 8, 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.
Jul 10, 2015JUDGMENT ISSUED.
Jul 15, 2015Record from U.S.C.A. DC Circuit has been returned.
Recommended Citation: Zivotofsky v. Kerry, SCOTUSblog, https://www.scotusblog.com/cases/zivotofsky-v-kerry/