web analytics
July 4, 2015 / 17 Tammuz, 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
UN Human Rights Council
UN HRC Condemns Israel (But Not Hamas) for War Crimes
Latest News Stories
UN Human Rights Council

US alone voted no on UNHRC Resolution condemning only Israel for wrongdoing in last summer’s conflict.

Rocket that hit a field in the Eshkol region on July 3, 2015

Sinai terrorists expanded their range of attack Friday, aiming rocket fire at southern Israel as well.

breaking the silence

5:21 PM The rocket landed in a field in the Eshkol region. Apparently from Sinai. 5:06 PM Channel 1 reports that citizens say they saw the rocket fly over from Sinai. 4:49 PM IDF Spox says they believe only 1 rocket was launched. The IDF is examining if the rocket was launched from the Sinai. […]

US Secy of State John Kerry and Iranian Foreign Minister Javad Zarif shake hands.

Iran is not budging in nuclear talks on its refusal to allow spot inspections of military sites.

Nothing like a Kosher frank for the 4th of July, even if this year, you have to cook it before Shabbat.

Nothing quite like Hamas terrorist supporters on the Temple Mount openly waving their flags..

Machsom Watch women came to harass IDF soldiers in Hebron but embarrassed themselves instead.

A Palestinian Authority Arab was shot and killed after he attacked an Israeli army commander driving in near Jerusalem.

The US Mennonite church votes to table an anti-Israel BDS resolution for two years.

Israel has tightened security and is on high alert for Friday Ramadan prayers.

An Arab man was caught by Border Police on his way to committing a terror attack in Hebron on Thursday night

PM Binyamin Netanyahu warns that Israel now faces a double threat: from ISIS and Iran.

The closing of the highway, comes after Israeli security officials voiced concern that Waliyat Sinai, the ISIS-affiliated terror group responsible for the attacks, may be planning to strike Israel as well.

Jerusalem’s Light Rail was attacked at least twice Thursday by Arabs hurling rocks in Shuafat — again.

Neo-Nazis who planned to march July 4 through London’s Golders Green section must now relocate to the city center.

Hamas apparently aided ISIS-linked Sinai terrorists in attacking Egyptian Army soldiers.

More Articles from Combined News Services
Rochelle Shoretz

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

U.S. House Speaker John Boehner

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.

“Never again, Lord, never again,” the pope implored. “Here we are, Lord, shamed by what man, created in your own image and likeness, was capable of doing.”

Israeli Prime Minister Benjamin Netanyahu said Abbas must choose between peace with Israel or Hamas.

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: