Decided
M.B.Z. v. Clinton
Holding
The political question doctrine does not bar courts from deciding whether " 214(d) of the Foreign Relations Authorization Act, which permits U.S. citizens born in Jerusalem to request that their passports state "Israel" as their place of birth, impermissibly intrudes on the President"s powers under the Constitution.
Judgment
Vacated and remanded, 8-1, in an opinion by John Roberts on Mar 26, 2012. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice Breyer joined as to Part I. Justice Alito filed an opinion concurring in the judgment. Justice Breyer filed a dissenting opinion.
Merits Briefs for the Petitioner
- Brief for Menachem Binyamin Zivotofsky, by his parents and guardian, Ari Z and Naomi Siegman Zivotofsky
- Reply brief for Menachem Binyamin Zivotofsky, by his parents and guardian, Ari Z and Naomi Siegman Zivotofsky
Amicus Briefs in Support of the Petitioner
- Brief for the Anti-Defamation League et al.
- Brief for the Lawfare Project
- Brief for the Members of the United States Senate and the United States House of Representatives
- Brief for the Zionist Organization of America
- Brief for the American Association of Jewish Lawyers and Jurists”
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
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Related Coverage
Aug 27, 2010Application (10A227) to extend the time to file a petition for a writ of certiorari from September 27, 2010 to November 26, 2010, submitted to The Chief Justice.
Aug 31, 2010Application (10A227) granted by The Chief Justice extending the time to file until November 26, 2010.
Nov 24, 2010Petition for a writ of certiorari filed. (Response due December 29, 2010)
Dec 21, 2010Order extending time to file response to petition to and including January 28, 2011.
Dec 28, 2010Letter of December 22, 2010, from counsel for petitioner received. (Distributed)
Dec 29, 2010Brief amicus curiae of Congress Member Anthony Weiner filed.
Jan 27, 2011Order further extending time to file response to petition to and including February 25, 2011.
Feb 23, 2011Order further extending time to file response to petition to and including March 25, 2011.
Mar 25, 2011Brief of respondent Hillary Rodham Clinton, Secretary of State in opposition filed.
Apr 6, 2011DISTRIBUTED for Conference of April 22, 2011.
Apr 12, 2011Reply of petitioner M. B. Z., By his Parents and Guardians, Ari Zivotosky filed. (Distributed)
Apr 25, 2011DISTRIBUTED for Conference of April 29, 2011.
May 2, 2011Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: " Whether Section 214 of the Foreign Relations Authorization Act, Fiscal Year 2003, impermissibly infringes the Presidents power to recognize foreign sovereigns.
May 26, 2011The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 29, 2011.
May 26, 2011The time to file respondent's brief on the merits is extended to and including September 23, 2011.
Jul 29, 2011Joint appendix filed. (Statement of costs received.)
Jul 29, 2011Brief of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed.
Aug 4, 2011Brief amicus curiae of American Association of Jewish Lawyers and Jurists filed. (Distributed)
Aug 5, 2011Brief amici curiae of Members of the United States Senate, et al. filed.
Aug 5, 2011Brief amicus curiae of Zionist Organization of America filed.
Aug 5, 2011Brief amici curiae of Anti-Defamation League, et al. filed.
Aug 5, 2011Brief amicus curiae of The Lawfare Project filed.
Aug 8, 2011SET FOR ARGUMENT ON Monday, November 7, 2011.
Aug 10, 2011CIRCULATED
Aug 11, 2011Letter from counsel for amicus Zionist Organization of America proposing to lodge non-record material.
Aug 16, 2011Record received from U.S.C.A. for D.C. Circuit. (1 box)
Sep 23, 2011Brief of respondent Hillary Rodham Clinton, Secretary of State filed. (Distributed)
Sep 30, 2011Brief amicus curiae of Americans for Peace Now filed. (Distributed)
Oct 24, 2011Reply of petitioner Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky filed. (Distributed)
Nov 7, 2011Argued. For petitioner: Nathan Lewin, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Mar 26, 2012Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer, J., joined as to Part I. Alito, J., filed an opinion concurring in the judgment. Breyer, J., filed a dissenting opinion.
Apr 27, 2012JUDGMENT ISSUED.
May 2, 2012Record returned to U.S.C.A. for District of Columbia Circuit.
Recommended Citation: M.B.Z. v. Clinton, SCOTUSblog, https://www.scotusblog.com/cases/m-b-z-v-clinton/