2011-2012 Supreme Court Term: Oral Argument in MBZ v. Clinton

Like most of the cases this year, oral argument in this case featured a very active bench.  Justices vigorously questioned both attorneys; my impression is that they were much tougher on the attorney for the petitioner, and much less satisfied with his answers.  I think the President will win.  The question is whether he will win on jurisdictional grounds or on the merits.

2011-2012 Supreme Court Term: MBZ v. Clinton, No. 10-699 (Political Question, Separation of Powers)

In 2002 Menachem Binyamin Zivotofsky was born in Jerusalem to American parents.  His parents applied to the State Department for a passport for him and requested that it show his place of birth as “Israel.”  The State Department instead listed his place of birth as "Jerusalem."  His parents brought this suit on his behalf requesting the courts to order the Justice Department to state on his passport that he was born in Israel.