Symposium: President wins in Zivotofsky: Will there be another battle?

Alan B. Morrison is the Lerner Family Associate Dean for Public Interest & Public Service Law, George Washington University Law School. He filed an amicus brief in the case in support of the Zivotofsky family. He is also the author of “The Sounds of Silence: The Irrelevance of Congressional Inaction in Separation of Powers Litigation,” 81 Geo. Wash. L. Rev. 1211 (2013), which discusses some of the issues raised by this case.
 Yesterday in Zivotofsky v. Kerry, the Supreme Court awarded the president a major victory in a separation-of-powers dispute with Congress. Justice Anthony Kennedy’s opinion, in which Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined, concluded that (a) the president has the exclusive power to recognize foreign governments, (b) the power of recognition extends beyond the formal designation to include statements mandated by

Original SCOTUS article

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