web analytics
May 29, 2015 / 11 Sivan, 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
Prime Minister Binyamin Netanyahu.
Israel Envisions Regional Cooperation with Arab Nations
Latest News Stories
Prime Minister Binyamin Netanyahu.

Israeli PM Netanyahu talks about his vision for regional cooperation with Arab nations.

El Paso Mayor Oscar Leeser and Hadera Mayor Tzvika Gendelman sign sister-city agreement.

Hadera drew the attention of El Paso officials for the city’s desert environment, a large electric power plant, desalination plant and manufacturing complex, and the high-tech incubation programs at the Technion-Israel Institute of Technology, located 30 miles away.

Jerusalem Hug Day coexistence event was marred by violence. May 28, 2015.

A day devoted to “peaceful co-existence” in Jerusalem was marred by Arab “anti-normalization” thugs.

Two car bombs exploded next to popular Baghdad hotels on May 29, 2015.

At least a dozen people are reported to have been killed in the attack, and another 30 wounded.

The labor union at Israel Railways warned Thursday that workers plan to strike on Sunday.

They’re just rackng up the Iranian generals….

The Nusra front now controls all the cities in the province, which shares a border with Turkey.

A yeshiva student from Jerusalem was found lifeless Thursday after he apparently drowned while swimming in nearby Beit Zayit.

PM Netanyahu warns FIFA that Palestinian blackmail will ultimately kill the international soccer federation which hopes to expel Israel from the group.

Another surgery is needed. Please daven for Aryeh ben Rina.

Both Westmacott and German ambassador Peter Wittig warned that if the U.S. Congress blocked a deal by not enabling sanctions relief to take place, the international sanctions regime would collapse.

A cyber security breach into the IRS computer system has been traced back to Russia. Cost; $50 million-plus.

The temperature has been scorching hot for the past couple of days. And that’s been setting off brush fires. There have been massive fires, big fires and little fires all over the country. Some homes near Beit Shemesh were evacuated last night due to the approaching fires. As if it wasn’t hot enough outside.

The U.S. State Dept. had a difficult time explaining what the Quartet has ever accomplished except spending money.

Former New York Gov. George Pataki is the latest Republican to throw his hat in the crowed GOP ring of presidential hopefuls. He declared his candidacy in a video post Thursday morning and touted his actions as governor following the 9/11 terrorist attacks. “We need to recapture that spirit, that sense that we are one […]

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: