web analytics
February 28, 2015 / 9 Adar , 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
18,000 Iranian Centrifuges
Reducing Iran’s Number of Centrifuges Makes a Bomb More Likely
Latest News Stories
Actor Leonard Nimoy in 1967, who was best known for his role as Mr. Spock in the iconic 1960s television series "Star Trek," passed away at age 83 on Friday, Feb. 27, 2015.

Actor Leonard Nimoy, 83, “lived long and prospered” but on Friday moved on to explore the Next World.

18,000 Iranian Centrifuges

Iran already has enough centrifuges for a nuclear weapon.

Underground tunnel found near the Egyptian border. Archive photo.

Learning lessons from Protective Edge, Israel is building an underground training field, and will train special units in tunnel warfare.

Israel Nature and Parks Authority Director-General Saul Goldstein at the inauguration of the new Israel Bike Trail's southern segment this week.

The unique desert landscape that covers large parts of Israel allow for its positioning as a leading destination for cyclists, with a comfortable climate year-round and spectacular desert scenery.

Once again al Quds’ Said Arikat used the State Dept. Briefing room to slander Israel with false “facts.”

“If no one is infallible, how is it possible that Netanyahu in his opposition to a potential Iran deal is wrong and you guys are all right?”

US Intelligence Chief Says ISIS ‘low priority’ for Turkey.

Thousands of ultra orthodox Jews attend the wedding of the granddaughter of the rabbi of the ultra orthodox Jewish Kretchnif dynasty in Kiryat Tsanz, Netanya.

Kerry not only is evading Netanyahu but also is trying to upstage him.

House Speaker John Boehner asserts next week’s speech to Congress by Israeli PM Netanyahu won’t hurt US-Israel relations.

Jordan and Israel signed an historic agreement Thursday to implement the Red Sea-Dead Sea rescue pipeline project.

National Security Adviser Susan Rice and US Ambassador to the UN Samantha Power will represent the Obama administration at AIPAC next week.

A NYC jury has convicted Al Qaeda’s ‘minister of communications’ on charges connected to the 1998 bombing of a US embassy in East Africa.

Netanyahu to meet with bipartisan congressional leadership before he addresses the joint session of Congress on March 3.

Jihadi John, the British beheader in Daesh-land (Islamic State) has been tentatively identified as Mohammed Emwazi, a Brit, born in Kuwait, who grew up in West London and has a degree in computer programming. His former friends who have identified him, and are positive its him.

An Arab tried to stab an IDF soldier at the Gush Etzion junction on Thursday evening.

More Articles from Combined News Services
U.S. House Speaker John Boehner

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

L-R: Generals Omar Bradley, George Patton, and Dwight Eisenhower inspecting art stolen by the Nazis.

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.

“We stand at the gate of hell on earth,” MK Yariv Levin (Likud-Beiteinu) said. “The visit by a delegation of the parliament of an independent and strong Jewish state, together with survivors who were here, symbolizes Israel’s total commitment to the protection of the Jewish people.

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: