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Washington - Court Rules For Government in 'Jerusalem, Israel' Passport Dispute |
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Washington - Treading into Middle East foreign policy, a federal appeals court in Washington upheld the dismissal of a suit where a U.S. citizen born in Jerusalem wants "Israel" identified as the birth country.
The federal government does not recognize any one country or political body as having sovereignty over Jerusalem, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit noted in its opinion today.
A provision in the Foreign Relations Authorization Act of 2002 said a person who is born in Jerusalem can have Israel designated as the country of birth. President George W. Bush, in a signing statement that year, declared that section of the bill would interfere with the president’s authority to conduct foreign affairs. Bush said the policy regarding Israel had not changed.
The parents of Menachem Zivotofsky, a boy who was born in Jerusalem in October 2002, sued the government in U.S. District Court for the District of Columbia. A judge dismissed the suit on, among other things, the ground that the court lacked jurisdiction to decide a question reserved for the political branches.
Nathan Lewin of D.C.’s Lewin & Lewin argued for Zivotofsky in the D.C. Circuit in Ocober, saying that Congress has enough authority over passports to declare that a person born in Jerusalem should be able to identify the birth country as Israel. Lewin argued that he was not asking the court to decide the status of Jerusalem because Congress had already done that in the law it passed. Justice Department attorney Lewis Yelin argued for the government.
Writing for the appeals court, Judge Thomas Griffith said the president “has exclusive and unreviewable constitutional power to keep the United States out of the debate over the status of Jerusalem.” Griffith and Senior Judge Stephen Williams decided the case on a jurisdictional ground and did not reach the merits over whether the provision in the Foreign Relations Authorization Act of 2002 is constitutional.
“Because the judiciary has no authority to order the Executive Branch to change the nation’s foreign policy in this matter, this case is nonjusticiable under the political question doctrine,” Griffith wrote.
Senior Judge Harry Edwards wrote separately but agreed with the outcome. In his opinion, Edwards found the provision in the act unconstitutional.
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Read Comments (13) — Post Yours »
1
Jul 13, 2009 at 03:56 PM power up Says:
And why would someone now adays want to have in their passport the word israel? ???
2
Jul 13, 2009 at 03:34 PM Litvak Says:
Rabbi Dr. Zivitofsky and his wife are wonderful people that deserve to have their child's birthplace written as "Israel". Do a search on his name and you will see the hundreds of articles that he wrote on everything under the sun.
3
Jul 13, 2009 at 03:59 PM Anonymous Says:
Maybe we ought to teach geography when they meet in Congress and in the Senate in order to teach them the capitals of countries, rivers in countries, the 10 provinces of Canada and all their territories-- bet they do not know them all, teach them all the Great Lakes! Yes, they definitely need geography lessons. Let's not forget our Continents. Definitely in order!!
4
Jul 13, 2009 at 04:28 PM Anonymous Says:
So if he cannot say he was born in "Israel" what does he passport say where he was born??
5
Jul 13, 2009 at 04:22 PM Charlie Hall Says:
“ Maybe we ought to teach geography when they meet in Congress and in the Senate in order to teach them the capitals of countries, rivers in countries, the 10 provinces of Canada and all their territories-- bet they do not know them all, teach them all the Great Lakes! Yes, they definitely need geography lessons. Let's not forget our Continents. Definitely in order!! ”
The House and Senate were the ones who *wanted* passports to say "Israel". It was President Bush who refused to obey the law! And now a court has agreed with him!!!
Of the three judges, Judge Griffith was appointed by President Bush (43), Judge Williams by President Reagan, and Judge Edwards by President Carter.
6
Jul 13, 2009 at 05:55 PM Anonymous Says:
“ So if he cannot say he was born in "Israel" what does he passport say where he was born?? ”
It just says jerusalem without any country
7
Jul 13, 2009 at 06:27 PM Milhouse Says:
“ The House and Senate were the ones who *wanted* passports to say "Israel". It was President Bush who refused to obey the law! And now a court has agreed with him!!!
Of the three judges, Judge Griffith was appointed by President Bush (43), Judge Williams by President Reagan, and Judge Edwards by President Carter.
”
And before him Clinton, and now Obama. No president has complied with this act, because it's unconstitutional. Foreign policy is set by the president, not by Congress.
8
Jul 14, 2009 at 01:32 AM har nof resident Says:
When my two youngest children were born in Bikur Cholim Hospital in Jerusalem I also sought to have Israel as their birth country. They were born in a part of Jerusalem that was ours even during the period of 1948-1967.
I could see (although not agree with) the position that certain parts of the city were under dispute, but this was not Gilo! The consulate offical said there was nothing to do.
Yasher Koach to the Zivotofsky family and Nathan Lewin for trying.
9
Jul 14, 2009 at 01:31 AM Anonymous Says:
My Brother was born in Jerusalem he Just renewed his passport and the birth place is changed from Israel to Jerusalem!
10
Jul 14, 2009 at 06:25 AM Shlomo Zalman Says:
“ Rabbi Dr. Zivitofsky and his wife are wonderful people that deserve to have their child's birthplace written as "Israel". Do a search on his name and you will see the hundreds of articles that he wrote on everything under the sun. ”
He is also a big talmid chochom, a true ohev yisroel and yareh shamayim. A real tazaddik, I would say a walking kiddush hashem.
Sheyirbu kamohu b'yisrael. Too bad he lost this case.
11
Jul 14, 2009 at 10:59 AM Aryeh Says:
"Bereshit bara elokim et ha shamayim v'et Ha Aretz" Jerusalem belongs to Hashem should be what we realize from this. We are only tenants in his place if we hold by the terms of the lease.
12
Jul 14, 2009 at 12:29 PM Milhouse Says:
“ "Bereshit bara elokim et ha shamayim v'et Ha Aretz" Jerusalem belongs to Hashem should be what we realize from this. We are only tenants in his place if we hold by the terms of the lease. ”
He gave it to us as a nachlas olom.
13
Jul 14, 2009 at 12:27 PM Milhouse Says:
“ When my two youngest children were born in Bikur Cholim Hospital in Jerusalem I also sought to have Israel as their birth country. They were born in a part of Jerusalem that was ours even during the period of 1948-1967.
I could see (although not agree with) the position that certain parts of the city were under dispute, but this was not Gilo! The consulate offical said there was nothing to do.
Yasher Koach to the Zivotofsky family and Nathan Lewin for trying. ”
The USA has never recognised any part of Yerusholyaim as part of Israel. As far as the USA is concerned, Gilo is no more occupied than Rechaviah.