March 2012 Archives

Zivotofsky jumps the first hurdle: 8 to 1

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Not even close.

This morning the Supreme Court released its opinion in Zivotofsky v. Clinton. In an 8-1 decision, it reversed the lower courts' dismissal of Menachim Zivotofsky's suit to have "Jerusalem, Israel" listed as his place of birth. The Court held that that the political-question doctrine did not bar Zivotofsky's suit. Chief Justice Roberts wrote the majority opinion. Justices Sotomayor and Alito each wrote separately to concur, while Justice Breyer dissented, finding that the case presented a nonjusticiable political question.
The case now goes back to the District Court for a hearing on the merits. This isn't over yet by a long shot, but it's a good start.

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