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Zivotofsky v. Clinton

United States Supreme Court
132 S. Ct. 1421 (2012)

Facts

Congress enacted a law allowing Americans born in Jerusalem to list “Israel” as their birthplace on their passports. The policy of the State Department, under Secretary of State Hillary Clinton (defendant), was to remain neutral on the political status of Jerusalem. Thus, the department refused to comply with the statute. Zivotofsky (plaintiff) sued in federal court. The court of appeals held that the determination of whether the statute was constitutional was a political question. The U.S. Supreme Court considered the question.

Rule of Law

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Issue

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Holding and Reasoning (Roberts, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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Concurrence (Sotomayor, J.)

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Concurrence (Alito, J.)

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Dissent (Breyer, J.)

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