Jack Goldsmith and I break down the case, discussing many of the questions we’ve both been blogging about, here.
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My posts (and a podcast) on Zivotofsky:
1. The Article I argument in Zivotofsky (Oct. 30, 2014–pre-argument)
2. Zivotofsky: Questions about Article I and Executive diplomatic speech (Oct. 31, 2014–pre-argument)
3. The core of Zivotofsky: Of passports, property, commerce, recognition . . . and, ultimately, diplomacy (Nov. 14, 2014–after argument)
4. Thoughts on Zivotofsky, Part One: How groundbreaking is it? (June 10, 2015)
5. Thoughts on Zivotofsky, Part Two: Whither Article III standing? (June 10, 2015)
6. Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities (June 11, 2015)
7. Thoughts on Zivotofsky, Part Four: Justice Thomas as constitutional iconoclast (or, “What was so terrible about King George III, anyway?”) (June 11, 2015)
8. Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive? (June 13, 2015)
9. Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive (June 13, 2015)
10. A podcast with Jack Goldsmith on Zivotofsky (recorded June 12, 2015)