Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

M.B.Z. v. Clinton

Docket No. Op. Below Argument Opinion Vote Author Term
10-699 D.C. Cir. Nov 7, 2011
Tr.Aud.
Mar 26, 2012 8-1 Roberts OT 2011

Holding: The political question doctrine does not bar courts from deciding whether § 214(d) of the Foreign Relations Authorization Act, which permits U.S. citizens born in Jerusalem to request that their passports state “Israel” as their place of birth, impermissibly intrudes on the President’s powers under the Constitution.

Judgment: Vacated and remanded, 8-1, in an opinion by Chief Justice Roberts on March 26, 2012. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justice Breyer joined as to Part I. Justice Alito filed an opinion concurring in the judgment. Justice Breyer filed a dissenting opinion.

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Briefs and Documents

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

Amicus Briefs in Support of the Respondent

Certiorari-stage documents

 
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