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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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