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Subject Topic: Court Strikes Down ’Born in Jerusalem’ Passport Law Post Reply Post New Topic
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Posted: 06/10/2015 at 12:42pm | IP Logged Quote News Room

Court Strikes Down 'Born in Jerusalem' Passport Law

Video>

CBN News

JERUSALEM, Israel -- The U.S. Supreme Court struck down a law that would have allowed Americans born in Jerusalem to list Israel as their country of birth on their passports.

In a 6-3 ruling Monday, the court said Congress overstepped its bounds when it approved the passport law in 2002 that sought to correct the State Department's refusal to associate Jerusalem with Israel.

The ruling ends a 12-year lawsuit on behalf of Menachem Zivotofsky and his parents, ending the hope that his passport would reflect Israel as the country of his birth before he reached his Bar Mitzvah at age 13.

Had Menachem been born in Tel Aviv, Haifa or any other Israeli city or town, his passport would show Israel as his country of birth.

But he was born in Jerusalem's Shaare Tzedek Hospital and that's a big problem for the State Department.

In a 2011 interview with Arutz Sheva, Zivotofsky family attorney Alyza Lewin said Congress passed the legislation to correct the State Department's inequity.

Though the bill passed by an "overwhelmingly bipartisan vote," the court claimed it infringed on the exclusive right of the executive branch to make this decision. Former President George W. Bill signed the legislation into law, but with a disclaimer.

"In his signing statement, he was going to view this legislation only in an advisory, not mandatory, capacity because in his view the bill infringed on an exclusive right for the executive branch to make this decision," Lewin explained.

The U.S. State Department says designating Jerusalem as Israel's capital would prejudice a future settlement between Israel and the Palestinian Authority, which claims Jerusalem as the capital of its future state.

Only for Jerusalem, the State Department goes against its own policy of listing the country, not the city, on passports.

Jerusalem Mayor Nir Barkat said President Barack Obama should recognize Jerusalem as the capital of the Jewish state, especially with the meteoric rise of anti-Semitism worldwide.

"Just as Washington is the capital of the United States, London the capital of England and Paris the capital of France so Jerusalem was and always will be the capital of Israel and the heart and soul of the Jewish people," Barkat said.

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Posted: 06/10/2015 at 12:58pm | IP Logged Quote News Room

White House welcomes Jerusalem passport ruling as upholding president's authority

The Jerusalem Post

The high court ruled that citizens born in Jerusalem were not permitted to list Israel as their place of birth in their passports, which are issued by the State Department.

The White House expressed its satisfaction Tuesday with the Supreme Court’s decision to rule against congressional efforts to recognize Jerusalem as sovereign Israeli territory.

The court ruled on Monday that citizens born in Jerusalem are not permitted to list Israel as their place of birth on their US passports, which the State Department issues.

President Barack Obama has followed his predecessors, both Democrat and Republican, who have opposed recognizing Jerusalem as Israel’s capital since the city’s unification in 1967.

“We welcome the Supreme Court’s important decision yesterday in Zivotofsky v. Kerry, which reaffirms the long-established authority of the president to recognize foreign states, their governments, and their territorial boundaries,” White House press secretary Josh Earnest said in a statement.

“The court’s decision upholds the president’s long-standing authority to make these sensitive recognition determinations as part of his conduct of diplomacy and foreign policy.”

Presenting its case, the Obama administration argued that Congress’s efforts to legislate foreign policy overstepped its constitutional authorities.

And on this court case specifically, it argued that recognizing Jerusalem as Israel’s capital would compromise Washington’s position as an objective arbiter in peace talks between Israel and the Palestinians.

The decision, Earnest concluded, “confirms that the president’s recognition determinations should be accurately reflected in official documents and sensitive diplomatic communications, including passports.”



Edited by News Room on 06/10/2015 at 1:00pm
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Posted: 06/10/2015 at 1:04pm | IP Logged Quote News Room

P.A. Hails Supreme Court Ruling on Jerusalem

By Tzippe Barrow
CBN News Internet Producer - Jerusalem
Wednesday, June 10, 2015
 
 
 

JERUSALEM, Israel -- Palestinian Authority leaders praised Monday's Supreme Court ruling disallowing Americans born in Jerusalem to list Israel as the country of birth on their passports, saying it clarified that "Jerusalem is occupied territory."

"It is a clear message to the Israeli government that its decisions and measures in occupying and annexing Jerusalem are illegal and void and that it should immediately stop these measures because it's a clear violation of the international law," P.A. chief negotiator Saeb Erekat said.

President Barack Obama also welcomed the decision as affirming his power to set the nation's foreign policy, while demonstrating his neutrality in Israeli-Palestinian negotiations.

"We welcome the Supreme Court's decision yesterday in Zivotovsky v. Kerry, which reaffirms the long-established authority of the president to recognize foreign states, their governments, and their territorial boundaries," While House spokesman Josh Ernest said in a statement.

State Department spokesman Jeff Rathke said, "This decision today helps ensure that our position on the neutrality of Jerusalem remains clear."

Major American Jewish organizations were disappointed, but not really surprised.

Anti-Defamation League National Director Abraham H. Foxman called it "sad and unfortunate that Israel, as a sovereign nation, is the only country in the world whose capital comes under such scrutiny and has to defend its right to determine where its capital city exists."

"It's time for the Executive Branch to face the reality: Jerusalem is the capital of Israel," Foxman said.

The Conference of Presidents of Major Jewish Organizations dismissed the administration's logic.

"We do not believe that Jerusalem-born American citizens having Israel on their passport would impinge on future negotiations or compromise the role of the United States," Stephen Greenberg and Malcolm Hoenlein, chairman and executive vice chairman, respectively, of the organization said in a joint statement.

Zionist Organization of America President Morton Klein said Monday's ruling would give credence to erroneous claims of "Judaizing" Jerusalem and encourage "Israel-bashers to deny the Jewish connection to Jerusalem and Israel's right to any part of the city."

In a 2009 interview with Newsmax, Klein predicted that Obama would be the most hostile president to Israel on record. He based his conclusions on the president's June 2009 speech in Cairo and many of his foreign policy appointees.

Meanwhile, Israeli President Reuven Rivlin, born in Jerusalem in 1939, welcomed U.S. Joint Chiefs of Staff Gen. Martin Dempsey to "Jerusalem, the capital of the State of Israel."

"I am a seventh generation Jerusalemite, and even though I was born nine years before the State of Israel was established, I was born in Jerusalem, and I am Israeli," Rivlin said.

Jerusalem Mayor Nir Barkat challenged Obama to take a public stand on what's "already been known for generations: that Jerusalem is the capital city of Israel, and Israel is the home of the Jewish people...and the heart and soul of the Jewish nation."

Supreme Court Justice Antonin Scalia, one of three dissenting justices outvoted by the others, called the logic behind the ruling "a leap worthy of the Mad Hatter."



Edited by News Room on 06/10/2015 at 1:05pm
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