Zivotofsky v. Clinton
The Court Sends the Jerusalem Passport Case Back to District Court
Menachem Zivotofsky v. Hillary Rodham Clinton was featured in Congress’s Role in Foreign Policy, Supreme Court Debates (Dec. 2011). The following is excerpted from the summary of the majority opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions: The political question doctrine does not bar judicial review of Zivotofsky’s claim. This Court has said that a controversy “involves a political question … where there is ‘a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it.’” — Nixon v. United…
