Here he is. We have the first opinion.
DC Circuit affirmed. President has the exclusive power to grant formal recognition to a foreign sovereign.
And because the power to recognize foreign states resides in the executive, the statute here infringes on the executive's consistent decision to withhold recognition.
This is the only decision today, but it's a big one. Obviously.
So I am guessing just one box, although he hasn't said so specifically.
We will have coverage of the decision from Lyle and from me in Plain English.
We will also have an online symposium to discuss the decision today.
No word from Lyle yet on the vote count or whether anyone is reading aloud from his or her dissent.
Vote is 6-3 on the result. Breyer files a concurring opinion. Thomas concurs in judgment in part and dissents in part. Roberts has a dissent joined by Alito. Scalia dissents, joined by Roberts and Alito.
Justice Kennedy is still reading from his summary of the decision. We don't know yet whether anyone will read from his dissenting opinion.
Thomas concurs only as to passports -- he dissents with respect to all other elements of the opinion.
Again, this is the only decision today.
Scalia is now reading his dissent from the bench.
He says that the Jerusalem passport law has nothing to do with recognition.
And although it's a big decision, the fact that they are only issuing one decision today means that they still have an awful lot left (20, to be exact) before the end of the Term.
We don't know for sure, but if past is prologue, I would expect them to start adding opinion days next week.
The Chief Justice dissented as well, in a separate opinion, but apparently the "principal" dissent is Justice Scalia's, which he is reading now. The Chief's dissent is a strong endorsement of Justice Jackson's famous Youngstown opinion -- not surprising, as the Chief counts Jackson as something of a judicial hero.
We will have a mini "Snap-Symposium" on this decision. Alan Morrison, Mike Ramsey, Eugene Kontorovich, and Curt Bradley will be weighing in. Stay tuned.
So much for the rumor about getting the Fair Housing Act case today.
Okay, that's all we have for today. I am off to read Zivotofsky now -- I am looking forward to getting to "analytic crescendo" in the Scalia dissent. (It's not "legal argle-bargle," but still.) Thanks so much for joining us; it's been fun, and I'm sorry that we couldn't get to all of your questions and comments. We are almost certainly going to be back here on Monday, and by then we should know more about additional opinion days next week if there are any. Have a wonderful week.