web analytics
July 29, 2014 / 2 Av, 5774
Israel at War: Operation Protective Edge
 
 
News & Views
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



US Supreme Court Orders State Dept. to List Jerusalem, Israel, in American Passports


Chief Justice John Roberts: "Zivotofsky does not ask the courts to determine whether Jerusalem is the capital of Israel."

Chief Justice John Roberts: "Zivotofsky does not ask the courts to determine whether Jerusalem is the capital of Israel."
Photo Credit: uscourts.gov

The U.S. Supreme Court ruled on Monday on the case of Zivotofsky v. Clinton, a suit in which Naomi and Ari Zivotofsky are challenging the way the State Department may list the birthplace of their son, nine-year-old Menachem.

The State Department, based on a long-standing U.S. policy, decided that little Menachem Zivotofsky’s birth certificate, as well as his US passport, will show Jerusalem as his birth place, without a mention of the country in which Jerusalem belongs.

The parents filed a lawsuit in federal court in Washington, D.C. in 2003 objecting to the policy, based on a 2002 US law enacted shortly before Menachem was born. The new law includes a provision allowing Israel to be listed as the place of birth on the passport of any American born in Jerusalem.

A Federal judge, followed by an appeals court, dismissed the suit, saying that judges do not have the authority to order the federal government to change foreign policy, even if current policy is ignoring the will of the legislator.

On Monday, the Supreme Court ruled that the lower courts were wrong, and that they should merely have decided whether or not Menachem Zivotofsky could have the right “to have Israel recorded on his passport as his place of birth.”

As Chief Justice John Roberts put it in his opinion: “Zivotofsky does not ask the courts to determine whether Jerusalem is the capital of Israel.”

Justice Stephen Breyer dissented.

Washington D.C. attorney Nathan Lewin, who has represented countless high-visibility cases related to US Jews (such as the Lubavitch movement’s famous books trial), was the Zivotofsky family’s attorney before the Supreme Court. He argued Congress indeed had the power to control a passport’s contents.

The ruling could change the status of an estimated 50,000 American citizens who have been born in Jerusalem, and who may now be able to list Israel as their birthplace.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

Please use the Facebook Tab below to leave your comment:

15 Responses to “US Supreme Court Orders State Dept. to List Jerusalem, Israel, in American Passports”

  1. Ryan H. Lee says:

    What a tremendous decision!

  2. why is there no listing as to which judge voted which way.

  3. Hallellujah! About time! and congratulations to the Zivotofskys for taking this fight all the way to the top! Now we need th government to stand by their words and move the embassy to Jerusalem, the capital of Israel.

  4. So the US Supreme Court issues pro-Israel decisions (Zivotofsky v. Clinton), while the Israel Supreme Court issues anti_Israel decisions (Magron).
    CUCKOOLAND!

  5. Kol hakavod Naomi and Ari! Now let's hope the lowly clerks at the consulate will put in Israel without an argument.

  6. Alissa Burstein says:

    Not so fast–faulty reporting. See other sources. The decision making acutally has to go back to the lower court now.

  7. Alan Schleider says:

    HOLD THE CELEBRATION – The JP's report is not quite correct.

    The Supreme Court did NOT make a final judgement on the case. Rather, they ruled 8-1 (Steven Breyer only dissent) that the lower courts erred when they ruled that the Judicial Branch of the US Government lacked authority to make a ruling on the case. Here is the NY Times article:

    http://www.nytimes.com/2012/03/27/us/justices-return-jerusalem-status-case-to-lower-court.html?ref=us

    The Supreme Court sent the case back to the lower court of jurisdiction, ordering it (the lower court) to make a ruling.

    Anyway, it is not closure but it is one very large step forward.

  8. Alan Schleider says:

    It was an 8-1 vote, only Steven Breyer dissented. See NY Times article http://www.nytimes.com/2012/03/27/us/justices-return-jerusalem-status-case-to-lower-court.html?ref=us

  9. Alan Schleider WONDERFUL, thanks alan

  10. Ellen Cohn says:

    Former WHers

  11. Mazel Tov,Naomi,Ari,Such wonderful news now Jerusalem,can be on your.Son's passport.I have been in Israel eighteen months and celebrate this wonderful,victory of yours!

  12. Helène Eisenberg says:

    Not according to this morning's Times. The Supreme Court sent it back to the lower court.

  13. Yonah Fuld says:

    hi Helene i think this is a mistaken report-i think the court ordered the lower court to deal with it but did not rule

  14. Alan Schleider says:

    Jimmy Mullins – my pleasure. Regards from Israel.

Comments are closed.

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
Current Top Story
Some of the missile fire comes from launchers planted in cemeteries, mosques, schools and hospitals. This is an aerial photo of one such launch in Beit Lahiya earlier this week.
Sleepless in Rishon Lezion, IDF Attacks in Gaza Continue
Latest News Stories
Some of the missile fire comes from launchers planted in cemeteries, mosques, schools and hospitals. This is an aerial photo of one such launch in Beit Lahiya earlier this week.

While Israelis couldn’t sleep in Rishon Lezion, IDF pilots were busy making sure Gaza terrorists were awake Monday night as well.

Rami Levy in one of his supermarkets.

Without fanfare, supermarket magnate Rami Levy has been quietly unloading truckloads of food and basics at the homes of all the fallen soldiers…

05_04_51---Candle_web

After killing 5 IDF soldiers, Hamas terrorists tried to steal the soldier’s bodies.

Israeli Prime Minister Binyamin Netanyahu and U.S. Secretary of State John Kerry, dining at the Prime Minister's residence, Jan. 4, 2014.

Kerry’s performance panned by Israeli public, media, and even the PA. Why fury directed only at the Israeli government?

Netanyahu and IDF Chief of Staff Gantz announce Israel will not stop the war until all terror tunnels are destroyed.

This is probably the first time in my life I’ve seen an IDF barber. Who knew we even had them! (Notice he’s using an electric shaver!)

2:29am Multiple rocket sirens towards Tel Aviv-Yafo, Rishon l’Tzion, Bat Yam, Holon….

The IDF spokesman has released the names of the soldiers who were killed this evening.

Bibi said: “Death from above, death from below,” will not continue to threaten the people of Israel.

IDF soldiers killed five terrorists who attempted to infiltrate from Gaza Monday evening near Nahal Oz in Sha’ar HaNegev, foiling another attack.

Intelligence minister meets journalists in Jerusalem, compares Gaza to Judea and Samaria as proof that quiet begets quiet.

Another massive missile barrage made it clear Monday night Hamas has no interest in a cease fire.

Moslem Brotherhood considered enemy number one in Cairo; Gaza branch responds to slight by firing at Israel.

Hamas terrorists attacked their own people Monday, with short-fall rocket fire exploding at Al-Shifa hospital in Gaza.

A Hamas rocket attack on the Eshkol region has murdered numerous Israelis…

Is MK Zoabi planning to copy her “rebbe”, former Balad MK Azmi Bishara, by skipping the country?

More Articles from Jacob Edelist
F130210FFMS04

“Over-exposure of security and intelligence activities may seriously harm state security.”

Handle of a footed marble basin decorated with Seilenoi heads, the 1st century BCE.

Lionized as “the greatest builder in human history,” King Herod was also demonized for his cruelty and his shady religious origins.

“We expect continued firing of hundreds of rockets in the coming days.”

The plan is to stagger their recruitment, to allow IDF manpower officials to study the process.

Hamas called the meeting to try and avoid further casualties.

Some of the supervised, ‘bug-free,’ leafy vegetable growers are using higher levels of pesticides than allowed by Health Ministry standards.

Iranian Defense Minister Ahmad Vahidi said on Sunday that Iran has in its possession UAVs (unmanned aerial vehicles) which are far more advanced than the one which the Hezbollah recently sent into Israel.

Last Sunday, Netanyahu told Likud ministers he plans on adopting part of the report without relating to broad legal interpretations, to avoid international criticism. Still, the proposal will add legal flexibility and remove bureaucratic obstacles, making Jewish construction in Judea and Samaria considerably easier.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/news/israel/us-supreme-court-orders-state-dept-to-list-jerusalem-israel-in-american-passports/2012/03/26/

Scan this QR code to visit this page online: