The 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 March 26 was welcomed by the family of Jerusalem-born Menachem Zivotofsky. The boy’s 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 refused to implement it, citing executive prerogative in foreign policy. President Barack Obama has continued that practice.
The Supreme Court, in an 8-1 decision, overruled lower court decisions that had contended the judicial branch does not have authority over this area since it is not the courts’ place to determine foreign policy.
National Jewish groups backed the Zivotofskys and submitted friend-of-the-court briefs on their behalf. — jta