web analytics
August 31, 2015 / 16 Elul, 5775
At a Glance
News & Views
Sponsored Post


Supreme Court: Jerusalem Passport Issue A Matter For Lower Courts

Nathan Lewin

Nathan Lewin

The U.S. Supreme Court returned to the lower courts the issue of whether Americans born in Jerusalem may list “Israel” on their passports – a ruling that drew praise from Jewish groups. The decision delivered Monday was a success for the family of Jerusalem-born boy Menachem Zivotofsky. His family for years has sought to force the State Department to agree to state on his passport that he was born in Israel, citing a law passed by Congress in 2002.

President George W. Bush signed the law, but in doing so refused to implement it, citing executive prerogative in foreign policy. President Obama has continued that practice.

The Supreme Court, in an 8-1 decision, overruled lower court decisions that had contended that the judicial branch does not have authority over this area since it is not the courts’ place to determine foreign policy.

“The courts are fully capable of determining whether this statute may be given effect, or instead must be struck down in light of authority conferred on the Executive by the Constitution,” Chief Justice John Roberts wrote for the majority.

Justice Stephen Breyer dissented.

National Jewish groups backed the Zivotofskys and submitted friend of the court briefs on their behalf.

Among the first groups to welcome the latest decision was the Orthodox Union.

“With the ruling by the high court, Congressional policy on Jerusalem, ignored by successive administrations, will get its day in court,” the OU said in a statement.

Nathan Lewin, who argued the Zivotofsky case before the Supreme Court, said, “We are gratified that the Supreme Court overwhelmingly reversed the lower court decision that had dismissed the lawsuit we brought to enable American citizens born in Jerusalem to designate ‘Israel’ as their place of birth on passports and birth certificates. The lower court had refused to enforce a duly enacted law…that gave U.S. citizens this right. That ruling was based on the erroneous assertion that our lawsuit presented a ‘political question’ that a court could not decide.

“As a result of the Supreme Court’s decision we will now be presenting to the Court of Appeals our arguments that Congress acted constitutionally, and that the Department of State may not unilaterally choose to disobey the Congressional mandate.”

– JTA, Jewish Press staff

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.

No Responses to “Supreme Court: Jerusalem Passport Issue A Matter For Lower Courts”

Comments are closed.

Current Top Story
Seder at the White House. The one without the kippa is President Obama.
Obama Cashes in on Separating Israel from American Jews’ Concerns
Latest News Stories
Seder at the White House. The one without the kippa is President Obama.

Obama knows how to capitalize on the bulk of American Jews, who want Israel to be a nice Jewish boy that doesn’t make them feel uncomfortable President Barack Obama declared that American Jews’ concerns are like those of Afro-Americans and other Americans, indicating that Israel is not one of those worries. He unsurprisingly chose the left-wing […]

Jerusalem Arabs on Monday returned to their masochistic hobby of throwing rocks at the Jerusalem Light Rail trains that passes though the Arab Shuafat neighborhood. Wibndwos were shattered, but there were no injuries. If one tries to understand the reasoning for Arabs trying to disable the trains that serve the Arab population, the conclusion must […]

President Rivlin receives foreign ambassadors at pre-Rosh HaShanah reception.

“It cannot be that in one moment of diplomacy, the reality is changed so completely.”

Survivors in Auschwitz.

The management of the former death camp says there was no intention to remind people of the gas “showers.”

PM Netanyahu says he will beef up security in Jerusalem, Judea and Samaria due to rising Arab violence.

ISIS destroys a new, majestic part of the Syrian UNESCO World Heritage site, Palmyra.

The Israel Antiquities Authority (IAA) has made an exciting announcement: A 2,000-year-old podium may have been found in the City of David section of the Old City of Jerusalem. A unique stepped structure exposed on the street ascending from the ‘Siloam Pool’ to the Temple Mount is raising questions among the researchers at IAA. The […]

The first official Turkish delegation to Israel in five years arrives to discuss a development project in Jenin.

Brooklyn politicians and community leaders called on Cong. members to vote down the Nuclear Iran deal.

Both Carson and Trump are solidly behind Israel, but their real drawing card is that they are not politicians.

Oregon’s Jeff Merkley announced he is backing the nuclear deal, leaving Obama only three shy of a veto-proof majority.

The gas field is far larger than those discovered off Israel’s coast and will supply Egypt with gas for decades.

Israel’s Elbit Systems has racked up two more sales, this time by its cyber security subsidiary Cyberbit to a European police force and an African enforcement agency. Elbit, listed on NASDAQ, did not disclose the amount of the sales. It set up the Cyberbit subsidiary earlier this year to include the cyber and intelligence divisions […]

The regime’s Fars [Read “Farce”] News Agency reported that three Israelis and Jordanians were killed.

Jaffa port is a nice little port with a pleasant promenade to walk around on.

Barenboim rejected from Iran because he’s a “Zionist”. The irony is overwhelming.

More Articles from Combined News Services
Ayatollah Ali Khamenei

Schumer has come under intense pressure from constituents to oppose the deal, with his office being flooded with more than 10,000 phone calls over the past two weeks, Politico reported.

Secretary of State John Kerry

Before Tuesday’s announcement of the extended deadline, Secretary of State John Kerry said in Vienna on Sunday that the talks could still go “either way,” claiming the administration will walk away from the table rather than settle for a bad deal.

I’ve had such a rich and meaningful life. Of course I wish I had more time.

Boehner criticized President Obama for failing to take the threat of terrorism and the Iranian nuclear threat seriously.

World Jewish Congress President Ronald Lauder welcomed the museum’s decision to discover which pieces were looted by the Nazis and to work to restitute them.

“We want the residents of Gaza to live in dignity and prosperity, rebuild their homes and return to normal life,” Yaalon said. “But we are very worried. Just yesterday Hamas representatives said they intend to reconstruct the infiltration tunnels, instead of rebuilding the homes of Gaza’s residents.”

“When the Metropolitan Opera incites violence you can’t know what will happen,” Wiesenfeld said at the protest.

Nemmouche became a radical jihadist while serving a sentence in France in 2009 for armed robbery, TF1 reported.

Printed from: http://www.jewishpress.com/news/us-news/ny/supreme-court-jerusalem-passport-issue-a-matter-for-lower-courts/2012/03/28/

Scan this QR code to visit this page online: