Title: <i>Zivotofsky II</i>’s Two Visions for Foreign Relations Law
Abstract: Perhaps the most striking aspect of the Supreme Court’s decision in Zivotofsky v. Kerry (Zivotofsky II) , was the open disagreement between Justice Kennedy and Chief Justice Roberts. What Justice Kennedy’s majority opinion, holding that the President has exclusive power to recognize states and governments and that Congress cannot constitutionally impinge on that power by requiring the President to list Israel in the passports of U.S. citizens born in Jerusalem, means for future foreign relations law cases is something of a puzzle. Solving it requires understanding the two competing visions at the case’s center and the fluctuating relationship between the two Justices who hold them.