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Boy, 9, Can Pursue Israel Passport Case, US Supreme Court Rules

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  • Boy, 9, Can Pursue Israel Passport Case, US Supreme Court Rules

    Boy, 9, Can Pursue Israel Passport Case, US Supreme Court Rules

    By Stephanie Rabiner, Esq. at FindLaw.com
    Tue Mar 27, 2012 4:54am EDT
    Nine-year-old Menachem Zivotofsky can pursue his Israel passport case, according to the U.S. Supreme Court. The boy was born in Jerusalem, but as has been the case for decades, the State Department refuses to allow him to list his birthplace as "Israel" on his passport.

    Jerusalem is technically a contested territory, with both Israel and Palestine vying for control. The U.S. government has not recognized either nation as the true sovereign, effectively leaving individuals like Zivotofsky without a birth country.

    Congress attempted to fix this issue in 2002, according to the New York Times. It passed a law ordering the State Department to allow Americans born in Jerusalem to list Israel as their birthplace. Since its passage, the State Department has refused to enforce the law.

    The boy’s parents sued, but the Court of Appeals for the District of Columbia threw out the suit. It considered the issue of foreign sovereignty to be political in nature. To preserve the balance of powers, U.S. courts do not opine on purely political questions.

    But on Monday, the U.S. Supreme Court reversed this ruling. “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,” wrote Chief Justice John Roberts. The Israel passport case is ultimately about whether Congress had the authority to pass the law — not any underlying issue of foreign policy.

    As such, the Israel passport case has been referred for a trial on the merits. It will be through this trial — and any subsequent appeals — that the courts will officially decide whether Congress can force the issue on the State Department.
    Meddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.

    Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.

  • #2
    "Congress attempted to fix this issue in 2002, according to the New York Times. It passed a law ordering the State Department to allow Americans born in Jerusalem to list Israel as their birthplace. Since its passage, the State Department has refused to enforce the law".


    If a Law was passed is The State Department not guilty of a crime by refusing to enforce that law?

    Comment


    • #3
      Ah, Mr. Lukins, you don't know how anal this country is when it comes to laws.

      This is basically the county that lambasted Arizona for trying to enforce federal laws already on the books wrt illegal immigration.

      It's the country with 20,000 laws trying to control guns but any sort of shooting incident and they want to pass a few more...like that's going to make a difference.

      Comment


      • #4
        OK then, according to the SD, where is Jerusalem?

        It is not in Israel, there is no such country as Palestine (is it?), so where exactly it is?
        No such thing as a good tax - Churchill

        To make mistakes is human. To blame someone else for your mistake, is strategic.

        Comment


        • #5
          Originally posted by Doktor View Post
          OK then, according to the SD, where is Jerusalem?

          It is not in Israel, there is no such country as Palestine (is it?), so where exactly it is?
          I thought Jeruselem was a city within Israel. The US has an Embassy there so what is their stance of what country it is in? ;)

          Comment


          • #6
            The US Embassy is in Tel Aviv, on Hayarkon Street. Most embassies in Israel are in Tel Aviv. The US maintains a consulate in Jerusalem on Agron Road, about a 10 minute walk from my grandmother's house. The US sees this as a masterful compromise
            Meddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.

            Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.

            Comment


            • #7
              Originally posted by bigross86 View Post
              The US sees this as a masterful compromise

              Comment


              • #8
                Originally posted by bigross86 View Post
                The US Embassy is in Tel Aviv, on Hayarkon Street. Most embassies in Israel are in Tel Aviv. The US maintains a consulate in Jerusalem on Agron Road, about a 10 minute walk from my grandmother's house. The US sees this as a masterful compromise
                When I went to school we were thought that Tel Aviv is capital of Israel, no wonder why the Embassies are there.

                Can you tell me in which country that US consulate in Jerusalem is? I can't find it on the site.
                I found only this on the same site

                It now represents the United States in Jerusalem, the West Bank, and the Gaza Strip as an independent mission, with the Consul General serving as chief of mission.
                It is also weird it has a link to Arabic translation, but not in Hebrew. Anyway, the about us page has a pdf translated to Hebrew. Very awkward situation.
                No such thing as a good tax - Churchill

                To make mistakes is human. To blame someone else for your mistake, is strategic.

                Comment


                • #9
                  Considering that in 1995 the Senate and Congress passed a law that the Embassy must be moved to Jerusalem by 1999 and the fact that the Embassy still sits in Tel Aviv, it truly is a murky situation. When you then consider that the UNSC and the UNGA have both passed resolutions stating that Jerusalem isn't the capital of Israel and demanded that countries remove their Embassies from Jerusalem, it gets even murkier. Gotta love the Unwanted Nobodies
                  Meddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.

                  Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.

                  Comment


                  • #10
                    Originally posted by bigross86 View Post
                    Considering that in 1995 the Senate and Congress passed a law that the Embassy must be moved to Jerusalem by 1999 and the fact that the Embassy still sits in Tel Aviv, it truly is a murky situation. When you then consider that the UNSC and the UNGA have both passed resolutions stating that Jerusalem isn't the capital of Israel and demanded that countries remove their Embassies from Jerusalem, it gets even murkier. Gotta love the Unwanted Nobodies
                    Hmmm... speaking about the laws and to obey them, seems like the SD isn't living to their words.

                    Rule of Law | Embassy of the United States Skopje, Macedonia
                    No such thing as a good tax - Churchill

                    To make mistakes is human. To blame someone else for your mistake, is strategic.

                    Comment

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