Photo Credit: Nicolas Stambach
The U.S. Supreme Court building.

In pages 54 and 55 of its brief, the government, apparently with a straight face, argues that were the Supreme Court to enforce the provision of the 2003 Foreign Relations Authorization Act upon which the Zivotofskys rely, it “could undermine the United States’ credibility with the parties to the peace process. Compliance with [the relevant section] also ‘could provoke uproar throughout the Arab and Muslim world and seriously damage our relations with friendly Arab and Islamic governments.”  Seriously. It says that.

The argument in Zivotofsky v. Kerry took place in the U.S. Supreme Court building in Washington, D.C. Monday, Nov. 3.

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A decision will be handed down by the end of June.


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Lori Lowenthal Marcus is a contributor to the JewishPress.com. A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: [email protected]