Court Can Decide Issue of Jerusalem Passports
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 O.U. said in a statement.
I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning journalism this Passover.
In this age of misinformation, our work is needed like never before. We report on the news that matters most to American Jews, driven by truth, not ideology.
At a time when newsrooms are closing or cutting back, the Forward has removed its paywall. That means for the first time in our 126-year history, Forward journalism is free to everyone, everywhere. With an ongoing war, rising antisemitism, and a flood of disinformation that may affect the upcoming election, we believe that free and open access to Jewish journalism is imperative.
Readers like you make it all possible. Right now, we’re in the middle of our Passover Pledge Drive and we still need 300 people to step up and make a gift to sustain our trustworthy, independent journalism.
Make a gift of any size and become a Forward member today. You’ll support our mission to tell the American Jewish story fully and fairly.
— Rachel Fishman Feddersen, Publisher and CEO
Join our mission to tell the Jewish story fully and fairly.
Only 300 more gifts needed by April 30
