Supreme Court of the United States

Zivotofsky, by His Parents and Guardians, Zivotofsky v. Clinton

March 26, 2012132 S. Ct. 1421

Summary

Justice Breyer, dissenting, argued that the political question doctrine bars judicial resolution of the passport birthplace designation dispute under § 214(d). He emphasized foreign affairs prudential considerations, judicial inability to assess policy implications, weak individual interests, and the existence of nonjudicial political branch resolution methods.