US federal courts to consider J´lem passport issue (JERUSALEM POST) By JTA 03/27/12)
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WASHINGTON -- The US Supreme Court returned to the lower courts the
issue of whether Americans born in Jerusalem may list "Israel" on
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
Former US President George W. Bush signed the law, but in doing so
refused to implement it, citing executive prerogative in foreign
policy. US President Barak 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
"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. (© 1995-2011, The Jerusalem Post
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