Tag Archives: Executive Power

Supreme Court and Foreign Policy

One of the basic lessons that law students learn in law school is the importance of “framing” an issue.  The “legally correct” result of a case often depends on how the issue is framed.

This past week, the United States Supreme Court decided Zivotsky v. Kerry, a case involving the constitutionality of a 2002 statute requiring the State Department to designate that a person born in Jerusalem as being born in Israel in passports and consular report if that person requested.  In a 5-1-3 decision, the Supreme Court struck down this statute.  (The 1 was Justice Thomas who would have struck down the statute with regards to the passport requirement but left it in place for the consular report).

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