Long Awaited Decision On Presidential Powers

Menachem Zivotofsky was born in 2002, the same year congress passed the Foreign Relations Authorization Act with a provision that U.S. passports listing the place of birth as Jerusalem should, upon request, also list Israel. Zivotofsky’s parents did just that, and the case had been kicking up and down the courthouse steps for years. Yesterday it concluded with a big win for the President.

It appears that Justice Kennedy’s opinion enshrines a presidential power nowhere mentioned, though implied, in the Constitution, namely recognition of foreign powers. “Recognition is a topic on which the Nation must ‘speak . . . with one voice,’” writes Kennedy.  “That voice must be the President’s.”

Justice Scalia, along with Justice Alito and the Chief Justice, dissented. Justice Thomas also dissented in part, making the decision either 6-3, 5-4 0r even 5 ½-3 ½ depending on who you listen to.

The case is Zivotofsky v. Kerry, and you can read about yesterday’s decision here and here.

Art Lien
About

Courtartist is me, Art Lien. I've been sketching the courts since 1976, and for most of that time the U.S. Supreme Court has been my regular beat. I've been working almost exclusively for NBC News since 1980. Courtroom sketching is a form of visual journalism or reportage drawing that is slowly dying out. Where once upon a time news organization each had their own artist covering a story, today a "pool" artist often sketches for all. It is a demanding and stressful discipline where the drawing is often done directly and under tight deadline.

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