Supreme Court to Hear Arguments Today in Israeli Passport Case
- Posted on November 7, 2011 at 9:40am by
Billy Hallowell
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WASHINGTON (The Blaze/AP) — The Supreme Court is hearing arguments in a Jerusalem-born boy’s challenge to State Department policy that prevents him from having his passport show he was born in Israel.
Middle Eastern politics and the battle between Congress and the president over foreign policy are at play in the case being argued at the high court Monday. The Blaze first reported on this case in July. The debate surrounding the boy’s passport can be best described as follows:
If an American citizen was born in Jerusalem, the United States government will not include “Israel” as the locality of birth on an individual’s passport. Considering the ongoing debate surrounding Jerusalem, this decision has purportedly been made to avoid inciting international anger among those who would dispute Israel’s ownership of the city. Some have called this move discriminatory, while others — mainly those in the executive branch — have defended it.
The Obama administration, like its Republican and Democratic predecessors, says it doesn’t want to stir up anger in the Arab world by appearing to take a position on the ultimate fate of Jerusalem. Longstanding U.S. policy says the status of the city that is important to Jews, Muslims and Christians should be resolved in negotiations.
But lawyers for 9-year-old Menachem Zivotofsky argue that the foreign policy concerns are trivial. Thirty-nine lawmakers from both parties are siding with the boy and his parents, defending a provision in a 2002 law that allows Israel to be listed as the birthplace for Americans born in Jerusalem.
President George W. Bush signed the much larger law, but said the provision on Jerusalem interfered with his power over foreign affairs, including the authority to recognize foreign states. Bush issued a signing statement at the time in which he said that “U.S. policy regarding Jerusalem has not changed.”
Israel has proclaimed the once-divided city as its capital; the U.S. and most nations do not recognize Jerusalem as the capital.
Had Menachem been born in Tel Aviv, the State Department would have issued a passport listing his place of birth as Israel. The regular practice for recording the birth of a U.S. citizen abroad is to list the country where it occurred.
But the department’s guide tells consular officials, “For a person born in Jerusalem, write Jerusalem as the place of birth in the passport.”
In late 2002, Naomi Zivotofsky, Menachem’s mother, showed up at the U.S. embassy in Tel Aviv to get her baby a U.S. passport, one that listed Israel as his birthplace. After State Department officials refused her request, the family sued.
The Zivotofskys and their supporters at the Supreme Court point out that other federal agencies, including the Defense and Justice Departments, refer in official documents to “Jerusalem, Israel.” The legal briefs also note that the hospital where Menachem was born is in west Jerusalem, over which there is no dispute about Israeli sovereignty, except by parties that oppose the nation’s existence at all.
In August, journalists and critics claimed that the White House was beginning to cleanse documents and web site of any references to “Jerusalem, Israel.” This wording was present in a number of places, then it allegedly disappeared. This, of course, has implications in the Zivotofsky court case.
If the U.S. government has, indeed, been labeling Jerusalem as an official part of Israel, it complicate‘s the White House’s case against placing this label on a passport. The Blaze has reported on this extensively.
Here’s a video that showcases some of the alleged removals:
The family also says that the State Department has made an exception for U.S citizens born in Taiwan. Their passports may list their place of birth as Taiwan, rather than China.
Federal courts have so far said they have no authority to consider the matter, which they have labeled a political dispute that is best resolved by the other two branches of government without court involvement.
The Supreme Court has asked for argument on that issue, as well as on the substance of the family’s plea that the law regarding passports be enforced.
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Comments (81)
marcryan71
Posted on November 7, 2011 at 12:41pmNobody wants to “stir up anger in the Arab world” but some do that just by being ALIVE! You cannot appease these people…if they weren’t screaming about Western oppressors, they‘d still be bombing each others’ mosques. — Jerusalem belongs to Israel. The Arabs lost the war that THEY STARTED and Jerusalem was finally liberated from them! Every Muslim should kiss the foot of every Jew in Israel because it is only by their grace, mercy and quest for peace that Muslims are even allowed in that country. The blind hatred of the Jewish people in Israel still confounds me. — I stand with Israel!
Report Post »Max jones
Posted on November 7, 2011 at 2:14pmHere we go…..the stage is just about ready for lights -camera-ACTION!!!!!
Report Post »Any one not amazed and dismayed IS NOT PAYING ATTENTION…….
JRook
Posted on November 7, 2011 at 2:25pmNot withstanding the biblical rationale, history is clear that Jerusalem was not part of Israel until it was taken by force during the 1967 conflict. Borders that have not been recognized by anyone other than Israel. And even Israel gave back the majority of the occupied territory in the peace accord with Egypt. The fact that it has been inhabited by Jews for centuries is no more a compelling argument than can be made by the Arabs who similarly occupied it for centuries. The US should not recognize Jerusalem as an Israel city until the UN and majority of its members do.
Report Post »rose-ellen
Posted on November 7, 2011 at 2:31pmJerusalem is part of land seized during the 67war. Under international and american law a nation cannot [in this day and age] aquire more territory through force hence jerusalem and all land seized after the legal 1948 UN borders for israel were created [back when the UN was a european colonialists club[ are today still the legal borders of israel.Go back to the 67 borders-israel. This is what the struggle of palestinians since 67 has been;a return to those borders -not the destruction of the state.[though initially that was their goal as israel was created on their backs].or let the palestinians return to israel and be citizens but the racist israeli state would no longer have a majority jewish population and so they oppose it. Racism-pure and simple.Kudos for the US governemnt [state dept. -always in the past above the anti-arab/muslim political media fed frey].recognizing this fact of history and law.
Report Post »cemerius
Posted on November 7, 2011 at 2:55pm@marcryan71
I agree with you! I stand with Israel too!!
Report Post »jocko
Posted on November 7, 2011 at 4:45pm@Rosie
Let’s remember, that land was forfeited after Israel was attacked. Every attack on Israel was unprovoked and was lost before it barely began. These moslems are lucky that Israel has not claimed all of the land that God gave them originally. All the idea is intriguing, just think how much nicer and more peaceful the world would be without Syria, Jordan and all of Gaza under Israeli governance.
Fact: the arabs living in Israel or far better off economically and with greater freedoms than those in the moslem countries.
Also, all of the land that the Jews started Israel on was bought and paid from the former Arab owners. They did not conquer or steal it.
@JROOK
Report Post »Ah, but there is no withstanding of the Biblical rationale.
DrFrost
Posted on November 7, 2011 at 5:25pmThe POTUS is concerned about stirring up anger in the arab community….
There was a time in America when we did the RIGHT thing regardless of the cost.
There was a time in America when we stood on the side of justice EVEN if that meant a world war.
There was a time in America when we stood on the side of democracy EVEN if that meant a cold war.
Now instead of our main concern being delivering justice to this boy… instead of our main concern being doing what is right…. we’re concerned about stirring up anger in the arab community.
“All that is necessary for evil to triumph is for good men to do nothing.” – attributed to Edmund Burke
Report Post »Joshua7
Posted on November 7, 2011 at 8:18pm@marcryan71: Fantastic post! You nailed it for me and many others!
I stand with Israel.
Report Post »Magus
Posted on April 2, 2012 at 6:22pm@jocko: In the 1967 war in which Israel seized control of Jerusalem, ISRAEL WAS THE ATTACKER. They started that war, not the Arab nations.
Report Post »ThankBabyJesus
Posted on November 7, 2011 at 12:38pmSounds like the arab world has the Obama administration by the balls.
Report Post »Texas Chris
Posted on November 7, 2011 at 1:20pmIt sure appears that way. “Entangling alliance”, the founding fathers would say…
Report Post »cemerius
Posted on November 7, 2011 at 2:54pmThey have him heart and soul!!
Report Post »jakartaman
Posted on November 7, 2011 at 12:02pmThis Muslim Commie has to go.
Report Post »If allowed 4 more years we will all be doomed even his commie union thugs-civil war and depression
cemerius
Posted on November 7, 2011 at 2:56pmUnfortunately I think it is already steaming to full blown and OWS is the catylyst!
Report Post »jocko
Posted on November 7, 2011 at 11:51amJerusalem is and always was Jewish. The moslems did not have control of Jerusalem until their great Crusades of the Sword in 600s when they forced what was Christian Palestine to become Moslem or be beheaded.
Report Post »Jerusalem is and always will be God’s city, not satan’s false religion of islam. We turn away from Israel at our own peril.
AlmostaCowboy
Posted on November 7, 2011 at 12:01pmCouldn’t have said it better myself.
Report Post »Texas Chris
Posted on November 7, 2011 at 1:23pmIt is dangerous to try and replace God as Israel’s caretaker. He is very jealous, if I read my Bible correctly.
Further, taxing non-Israel supporters in the US to prop up an Israeli government that may or may not be at odds with the teachings of Christ seems a bit… wrong. Send your own money, support Jewish interst privatly, but not via government transfers.
Report Post »rose-ellen
Posted on November 7, 2011 at 2:35pmThat an american can look to the year 600 for political legitimacy today AS A BELIEVER IN UNIVERSAL HUMAN RIGHTS AND AGAINST THEOCRATIC LEGITIMACY-SHOWS THE HYPOCRISY [OR BRAINWASHING] OF AMERICAN ZIONISTS! yOU’RE uNAMERICA AND THE BIGGEST THREAT TO WORLD PEACE AND HUMAN RIGHTS AS CAN BE!
Report Post »jocko
Posted on November 7, 2011 at 4:27pm@rose-ellen…
Your naivete is showing… or your liberal brainwashing… World Peace? with human beings? with islam? the religion of the sword? Never will happen. People are incapable of peace because of their basic nature. You must have slept in your liberal world history class because people are just as base today as they were in times of Sodom and Gomorrah.
If you read the koran you would know your enemy because it insists that everyone is to be converted, enslaved or beheaded. NO other choice. That is their version of world peace.
@TEXAS CHRIS
Who would be foolish enough to think they could replace God? This is not trying to be their care taker, this is choosing the side of Good, or the side of Evil.
It is because I love my country which was founded on Biblical principles that I want America to be on Israel and God’s side.
“Cursed be everyone who curses you (Israel),
and blessed be those who bless you (Israel).”
(Genesis 27:29)
(This is a clear warning to all people/nations who curse the nation or people of Israel)
Jesus said that we are either for Him or against Him. Like it or not, there is no ambiguity in this, Israel and the Jews are the Chosen People of God.
I want my country to be on the Winning Team, not with Satan’s Losers.
(Read and be educated… God has always considered Gaza as part of Israel.
Report Post »advent2
Posted on November 7, 2011 at 10:45pm@ Jocko
Report Post »Matt.23:37 Jerusalem, Jerusalem, the one
killing the prophets and stoning those
sent to her. How often I desired to
gather your children in the way a bird
gathers her chicks under her wings!
And you did not desire it.
38 Behold, “your house is left to you
desolate.” (Jer. 22:5)
39 For I say to you, In no way shall
you see Me from now on, until you say,
“Blessed is He who comes in the name
of YAHWEH.” (Psa. 118:26) When will they see Him Jocko?
village idiot
Posted on November 7, 2011 at 11:51amThe black jimmy carter gone in 363 days, trash heap of history.
Report Post »jocko
Posted on November 7, 2011 at 4:47pmSort of hard to tell which one of them is more against our Constitutional America isn’t it?
Report Post »affinnity
Posted on November 7, 2011 at 11:43amAs long as the passport works who cares?
Report Post »mecanic
Posted on November 7, 2011 at 11:53amapparently the zivotofskys care, stupid.
Report Post »JD Carp
Posted on November 7, 2011 at 11:28amMore government double speak. Our government is a bunch of spineless PC Marxist cowards.
Report Post »NOT A CRAZY
Posted on November 7, 2011 at 11:19amI just want to say one thing: WHO GIVES A CRAP ABOUT THE OBAMA ADMINISTRATION or who they are scared of? It is time to vote out the illegitimate Kenyan and elect someone who both fits the definition of the strict Constitution and someone who believes in our strict Constitution.
Report Post »garclar
Posted on November 7, 2011 at 11:19amDoesn’t want to stir up anger in the Arab world? What about our number one ally in the Middle East our dear friend Israel? It is okay to piss them off then? After all aren‘t they going to do us a favor by blowing up Iran’s nuclear facilities? What kind of anger might that stir up in the Arab world? Will we then abandon them to world criticism, give them the cold shoulder like we have done so many times before in the past? What a two faced friend he have become since this rogue president and his regime has been in power. My advice to Israel is do pre-emptive strikes against Syria and Iran and rid the Middle East of these troublemakers while their is a power vacuum going on. Strike while the iron is hot before they become a real threat….
Report Post »banjarmon
Posted on November 7, 2011 at 12:18pmWeLL SAID!!!
Report Post »Texas Chris
Posted on November 7, 2011 at 1:26pmConstitutionally the only thing the US Government can do is recognize a foreign country’s sovereignty. The USG refuses to do so with Israel, IIRC.
However, the USG is more than willing to perform unconstitutional acts (militarism, espionage, sabatoge, sanctions, foreign aid) for and to Israel.
It defies logic.
Report Post »uzi4u2
Posted on November 7, 2011 at 4:55pmI’m pretty sure they (Isreal) has enough nuclear weapons to wipe that part of the world clean of these muslim extremists once and for good. Nuke’em till they glow then shoot them in the dark and be done with it. Then they need to tell this government to piss off.
Report Post »NOBALONEY
Posted on November 7, 2011 at 11:16amDouble dealing, Double talking Obama Adminustation.
Report Post »JMorcan
Posted on November 7, 2011 at 11:27am“the hospital where Menachem was born is in west Jerusalem, over which there is no dispute about Israeli sovereignty”
Our government has been subverted by callous, intransigent bastards who couldn‘t care less about the citizens they’re paid to serve. This family should never have been forced to take this matter to court.
Report Post »bjornskis
Posted on November 7, 2011 at 11:14amsimple Obumblem is a muslim
Report Post »Fuelproof
Posted on November 7, 2011 at 10:51am“says it doesn’t want to stir up anger in the Arab world by appearing to take a position on the ultimate fate of Jerusalem.” Really now Mr. Hallowell. The“ultimate fate of Jerusalem” was determined long ago and fate will have nothing to do with it.
Report Post »mike_trivisonno
Posted on November 7, 2011 at 10:42amThe US State Department is infested with Jihadis and is pretty much owned and operated by The House of Saud. The President and Secretary of State Clinton do the bidding of the Saudis in exchange for trinkets, baubles, and of course, America.
The Department of State is a tool of the enemy; Suadi Arabia.
Report Post »lukerw
Posted on November 7, 2011 at 10:38amIf the Truth of identification of the Place of Birth can be Fabricated… then, what is the Truth of the Place of Birth of Obama?
Report Post »VigilantGuardShark
Posted on November 7, 2011 at 11:28amA very good point. especially when there exists several ‘discrepancies’ with the birth certificate released by the WH for Obama.
Report Post »CMDR6
Posted on November 7, 2011 at 10:37amThis is a great example of how we were duped by W into thinking he was a conservative. He showed us in more ways than just this issue that he was a progressive first, Christian conservative somewhere behind that mindset.
Report Post »At least we are not duped by the current President. Know your “enemy”, that is easy, it is a challenge to know your “friends” as we trust them. George W. needs to apologize for his actions against Israel.
Jerusalem IS Israel, just read the bible and it is clear.
mike_trivisonno
Posted on November 7, 2011 at 10:54amGeorge W Bush was ever ready to advance to cause of The House of Saud as well. He was even compelled to appear before the American people after 9/11 to inform all of that Islam was a “religion of peace”.
Report Post »lylejk
Posted on November 7, 2011 at 10:29amI just saw the video of the website cleansing. The Soviets were condemned for doing much less. We live in a facist state folks; it‘s time to take it back to it’s Republic roots where it belongs. How? I don’t have an answer for you, but do know that if we don’t soon find the right person who does, then all will be lost. We will be that country which we condemned and fought the cold war for. Scrary stuff no doubt. We already are seeing the folly of a command economy. I went to a shoe store in the mall and really liked a particular style of shoe, but it wasn’t available in my size. I asked the owner if he could order that style in my size and he said he couldn’t. He had to buy a box of shoes in that style that comes in all sizes available for it in order to get the one pair that he knows he can sale. This is idiocy. This is the very definition of a command economy. We had a long conversation. He told me that in Texas, there would be a big demand for the smaller size shoes but not here (presumably because the have more Mexican immigrants), but, he was forced to buy sizes that he knows he can’t sell in order to get sizes that he can. Again this is preposterous to say the least. This may not necessary be a government influenced situation, but it will be the norm if BO has his way. He’s already tried to pick winners/losers in the Energy field and it has literally cost us billions for nought. Same will happen to all sects of our econmy if things continue on ths p
Report Post »AlmostaCowboy
Posted on November 7, 2011 at 12:03pmIf there‘s a Seniors’ Division I want to be in it.
Report Post »OneTermPresident
Posted on November 7, 2011 at 10:27amWell… Obama does recognize the 1967 borders…. but nothing else. Don‘t know about you but as far as I’m concerned… Obama couldn‘t carry Benjamin Netanyahu’s jock strap when it comes to being a leader or speaker.
Report Post »Eliasim
Posted on November 7, 2011 at 10:26amSee if they don’t put the Birth place as Israel when they are born in Jerusalem, then it is that they are dividing Israel. And it also indicates which people are from Jerusalem and which ones are from Israel. What’s Israel going to do? They are dividing Israel to marginalize Israel and then it will lead to the disintegration of the entire Nation of Israel.
Report Post »Eliasim
Posted on November 7, 2011 at 10:28amI know what I would do if I was the President of Israel.
Report Post »Eliasim
Posted on November 7, 2011 at 10:36amThe slowly moving creeping thing the devil wants to keep his Kingdom intact, and subtly ever so slowly bump the Nation of Israel out of the region. On the other hand, if the Israelites under-take a mass migration to the U.S, then the Jew haters will sink their ships. Therefore I think Benjamin Netanyahu knows what he has to do.
Report Post »RodentKing
Posted on November 7, 2011 at 10:18amFK the people who don’t like it.. We are Americans and can and should do what we want.. We real Americans are not Obama’s,Sharptons or Jacksons who do nothing but disrespect our great nation and are mentally inferior and are a negative mutation of the human race.
Report Post »Vote the rabble out in 2012
lylejk
Posted on November 7, 2011 at 10:16amWhat is sad is that the Supreme Course as to take this case on in the first place. Of course, this lad was born in Israel. Our country has been playing this political correct game for over 40 years now and it’s time to put this one to an end. I don’t 100% blame BO on this one since the Bush administration too put the order into effect w.r.t. Jeruselum. Again, the roots that led to this idiocy began over 40 years ago. Jeruselum is now rightfully Israels. Israel is now in their rightful place period. Anyway, we need to get our economy back in shape; if any case should be argued, it should be for the definition of Natural Born Citizen. I believe that a Natural Born Citizen should be one where both parents too were born in the same country (as well as them also being born in said country) which would have banned BO from running in the first place. Let’s see them take a case such as this and then just kick BO out of office. lol
:)
Report Post »momrules
Posted on November 7, 2011 at 9:57amWell we certainly don’t want to irritate the Arab nations. They might get so upset that they decide to kill someone, blow something up or fire rockets into Israel. Those Arabs are so sensitive.
Report Post »Ruler4You
Posted on November 7, 2011 at 10:18amI agree. Grow some skin! Next to American liberals, these people have to be the worst whiners.
Report Post »Justathinkin
Posted on November 7, 2011 at 10:36amThey only whine and cry because liberals listen to them. I’m just wondering why this is such an issue in the first place. I have been wondering why all of the questions about Israel’s validity when there are literally thousands of doctrines and artifacts showing that Jerusalem is part of Israel. This is more of an historical fact than a political one. These losers in the White House need to get out. They’re making the rest of the nation look bad…
And whatever happened to Israel being our ally?? This sure doesn’t seem like a very ally like action, does it?
Report Post »Anonymous T. Irrelevant
Posted on November 7, 2011 at 10:39amSilence! I keel you!
Report Post »Al J Zira
Posted on November 7, 2011 at 9:55amIf an American citizen was born in Jerusalem, the United States government will not include “Israel” as the locality of birth on an individual’s passport.
So if a illegal immigrant is born in the US they aren’t considered US citizens? Only a liberal politician or lawyer will tell you if it looks like a duck and squawks like a duck, it’s a horse.
Report Post »encinom
Posted on November 7, 2011 at 10:16am“So if a illegal immigrant is born in the US they aren’t considered US citizens?”
Actually, that it is impossible for an illegal immigrant to be born in the US. Any person born on US soil (with few exceptions) is an American Citizen, has been this way since the ratification of the 14th Amendment. Sorry to disappoint the bigots on the blaze.
Report Post »Al J Zira
Posted on November 7, 2011 at 12:25pmThat’s my point. How can an American citizen be born in Jerusalem. Read before you speak.
Report Post »encinom
Posted on November 7, 2011 at 12:42pm@Al J Zira
Report Post »YOu still dont have a point. An American Citizen can be born outside of the US, his parents immigrated here and he was naturalized. His parents are US Citizens and registered his birth with the US Embassy.
SpankDaMonkey
Posted on November 7, 2011 at 9:53am.
Report Post »Is this the Obama admin stealing the “Kick A Jew Day” , from those kids?……..
mocon
Posted on November 7, 2011 at 9:49amObama is spineless. God help us if he’s reelected. Then he’s going to take his mask off.
Report Post »encinom
Posted on November 7, 2011 at 10:20amWhat about the Bushes and Reagan, they to went along with this policy? Or is this just more of the GOP blinders that Blaze commentators wear.
Report Post »SamIamTwo
Posted on November 7, 2011 at 9:46am“The Obama administration, like its Republican and Democratic predecessors, says it doesn’t want to stir up anger in the Arab world by appearing to take a position on the ultimate fate of Jerusalem. Longstanding U.S. policy says the status of the city that is important to Jews, Muslims and Christians should be resolved in negotiations.”
Yeah, cause he has planted the seed of destruction…so they need not comment and pretend to leave it up to negotiations…pfft…we know how they end up negotiating.
Report Post »