The Volokh Conspiracy

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Volokh Conspiracy

Zivotofsky arguments next week (press briefing tomorrow)


In perfect timing, on Monday the Supreme Court will hear oral arguments in Zivotofsky v. Kerry, the Jerusalem passport case. The hearing come amidst a spat between the Obama Administration and Israel over building in parts of Jerusalem.

The kerfuffle has no bearing on the case. Firstly, the current debate is about whether Jews can live in the parts of the city that came under Israeli control in 1967. The case, however, involves Jerusalem within the 1949-67 Armistice Lines. Moreover, the issue in the case is not about recognizing Israeli sovereignty over Jerusalem, but merely its de facto administration so far as is necessary to carry out Art. I enumerated powers, as I explained in an amicus brief filed on behalf a politically diverse group of constitutional law scholars.

Tomorrow I will be doing a telephone press briefing on the case, organized by the Federalist Society. The brilliant William Consovoy will present the arguments for the government, and I'll outline those for the petitioner. Any reporters interested in calling in, let me know.