Syllabus
dent, through §214(d), to contradict his prior recognition determination in an offcial document issued by the Secretary of State. See Urtetiqui v. D'Arcy, 9 Pet. 692, 698. Section 214(d)'s flaw is further underscored by the fact that the statute's purpose was to infringe on the President's exclusive recognition power. While Congress may have power to enact passport legislation of wide scope, it may not “aggrandiz[e] its power at the expense of another branch” by requiring the President to contradict an earlier recognition determination in an official Executive Branch document. Freytag v. Commissioner, 501 U. S. 868, 878. Pp. 28–32.
725 F. 3d 197, affirmed.
Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion, post, p. 32. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 32. Roberts, C. J., filed a dissenting opinion, in which Alito, J., joined, post, p. 61. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined, post, p. 67.
Alyza D. Lewin argued the cause for petitioner. With her on the briefs were Nathan Lewin and Chaim Z. Kagedan.
Solicitor General Verrilli argued the cause for respondent. With him on the brief were Acting Assistant Attorney General Branda, Deputy Solicitor General Kneedler, Ginger D. Anders, Douglas N. Letter, and Dana Kaersvang.[1]
- ↑ Briefs of amici curiae urging reversal were filed for the State of Texas by Greg Abbott, Attorney General, Jonathan F. Mitchell, Solicitor General, Daniel T. Hodge, First Assistant Attorney General, Andrew S. Oldham, Deputy Solicitor General, and Evan S. Greene and Douglas D. Geyser, Assistant Solicitors General; for the American Jewish Committee by Marc D. Stern and Gregory E. Ostfeld; for the Anti-Defamation League et al. by Michael S. Gardener, Jeffrey S. Robbins, and Steven M. Freeman; for the Endowment for Middle East Truth by Paul Kujawsky; for the International Association of Jewish Lawyers and Jurists by Sarah B. Biser and Robert N. Kravitz; for the Louis D. Brandeis Center for Human Rights Under Law et al. by Alan Gura; for Members of the United States House of Representatives by Theodore B. Olson and Randy M. Mastro; for Public Citizen, Inc., by Alan B. Morrison, Scott L. Nelson, and Allison M. Zieve; for the United States Senate by Morgan J. Frankel, Patricia Mack
