Monday, 8 June 2015

SCOTUS Gives a Victory to the Executive Branch

In a decision with important implications for executive/legislative clashes over foreign policy issues, the U.S. Supreme Court has issued a 6-3 decision validating the decision by this president and his immediate predecessor to disregard a statute directing the executive branch to issue passports to citizens born in Jerusalem that name "Israel" as the place of origin. The statute had the intentional effect of overriding a presidential policy decision to leave the status of Jerusalem--long a central point of contention in Middle East peace discussions--ambivalent.

Five Justices--Kennedy (who wrote the Court's opinion), Ginsburg, Beyer, Sotomayor and Kagan--flatly endorsed the executive branch's supremacy in this and similar areas, which is being regarded (perhaps implicitly by the three dissenters, led by the Chief Justice) as a precedent that might affect a future decision over, say, U.S. diplomacy with Iran. Justice Thomas agreed with the decision but only because he felt control of passports was an "unenumberated" foreign policy power; I'm guessing he'd feel otherwise about a dispute over treaty-making.



from novemoore http://ift.tt/1MCpL0k

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