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ZIVOTOFSKY v. CLINTON

Docket No.: 10-699
Certiorari Granted: 05/02/11
Argued: November 7, 2011
Decided: 03/26/12

Topics:

Article I, Guarantee Clause, habeas, habeas corpus, immigration, judicial review, separation of powers

PartyNames: Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky v. Hillary Rodham Clinton, Secretary of State
Petitioner: Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky
Respondent: Hillary Rodham Clinton, Secretary of State

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 571 F.3d 1227
Supreme Court Docket

Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky
v.
Hillary Rodham Clinton, Secretary of State
Question Presented:

Whether the "political question doctrine" deprives a federal court of jurisdiction to enforce a federal statute that explicitly directs the Secretary of State how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport.

Question:

Does the political question doctrine deprive a federal court of jurisdiction to enforce a federal statute that explicitly directs the Secretary of State how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport?

Note:

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 PRESIDENT'S POWER TO RECOGNIZE FOREIGN SOVEREIGNS." CERT. GRANTED 5/2/201110-699 ZIVOTOFSKY V. CLINTON

ZIVOTOFSKY v. CLINTON
ORAL ARGUMENT

11/07/11

Listen to Oral Argument in ZIVOTOFSKY v. CLINTON
Holding: VACATED AND REMANDED
Vote: 8-1
Majority: Chief Justice Roberts,Scalia,Kennedy,Thomas,Ginsburg,Kagan
Concurring: Sotomayor,Breyer,As To Part I,Alito
Dissenting: Breyer

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ZIVOTOFSKY v. CLINTON
Case Documents

1ZIVOTOFSKY v. CLINTON Oral Argument Transcript (PDF)
2ZIVOTOFSKY v. CLINTON Oral Argument Audio (November 07, 2011)
3ZIVOTOFSKY v. CLINTON Oral Argument Transcript (HTML)
4Opinion in ZIVOTOFSKY v. CLINTON
Additional documents for this case are pending review.