Zivotofsky v. Kerry: The Jerusalem Passport Case

Zivotofsky v. Kerry: The Jerusalem Passport Case

On this week’s Lawfare Podcast, Lawfare Founding Editor Jack Goldsmith and former Deputy Assistant Attorney General Marty Lederman sat down to discuss the Supreme Court’s sweeping ruling in Zivotofsky v. Kerry. In its opinion, the Court ruled that the President has the exclusive power to recognize foreign sovereigns, and he therefore can disregard a Congressional statute requiring him to designate “Israel” on the passports of U.S. citizens born in Jerusalem. What are the consequences of this decision? What does this now mean for the method of determining the President’s exclusive powers? And could the Court have reached a more limited ruling? Goldsmith and Lederman tackle all this and more.

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Episoder(3045)

Lawfare Archive: Israel: Divided at Home and at War Yet Again

Lawfare Archive: Israel: Divided at Home and at War Yet Again

From March 28, 2025: For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's ...

8 Aug 39min

Scaling Laws: Daniel Kokotajlo on AI 2040: Plan A

Scaling Laws: Daniel Kokotajlo on AI 2040: Plan A

Daniel Kokotajlo, former OpenAI researcher and executive director of the AI Futures Project, joins Kevin Frazier, Director of the AI Innovation and Law Program at Texas Law and Senior Editor at Lawfar...

7 Aug 1h 4min

Rational Security: The “Live from Mom’s Basement” Edition

Rational Security: The “Live from Mom’s Basement” Edition

This week, Scott sat down with his colleagues Lawfare Executive Editor Natalie Orpett, Lawfare Public Service Fellow Julia Curlee, and Lawfare Contributing Editor and Vice President of Research, Secur...

6 Aug 1h 28min

Lawfare Daily: The Court Against the Courts with Steve Vladeck and Kate Klonick

Lawfare Daily: The Court Against the Courts with Steve Vladeck and Kate Klonick

On August 5, Lawfare Senior Editor Kate Klonick sat down for a live discussion on Substack with Georgetown Law Professor Steve Vladeck to discuss his forthcoming Harvard Law Review Foreword, “The Cour...

6 Aug 1h

Lawfare Daily: The Rise of the Military-Technology Complex with Bernice Yeung

Lawfare Daily: The Rise of the Military-Technology Complex with Bernice Yeung

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Bernice Yeung, the managing editor at the U.C. Berkeley School of Journalism investigative reporting program and author of a re...

5 Aug 34min

Lawfare Daily: Ukraine, Iran, Taiwan, and the Short War Illusion

Lawfare Daily: Ukraine, Iran, Taiwan, and the Short War Illusion

Some countries are susceptible to believing that with the right military strategy, they can accomplish their goals with a quick war. It's called the "Short War Illusion," and as the term suggests, it ...

4 Aug 1h 6min

Lawfare Daily: The Trials of the Trump Administration, July 31

Lawfare Daily: The Trials of the Trump Administration, July 31

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Georgetown Law Professor Peter Harrell and Senior Editors Eric Columbus, Anna Bower, and Roger Parloff to discu...

3 Aug 1h 43min

Lawfare Archive: Jonathan Zittrain on Controlling AI Agents

Lawfare Archive: Jonathan Zittrain on Controlling AI Agents

From October 17, 2024: Jonathan Zittrain, Faculty Director of the Berkman Klein Center at Harvard Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fe...

2 Aug 48min

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