U.S. court invalidates law that let Jerusalem-born citizens list Israel on passports
haaretz.com
Ruling considered a victory for the Obama administration
who says Congress encroached on president's power in
passing law; the ruling is a clear message that Israel
occupies East Jerusalem.
The U.S. Supreme Court on Monday
struck down a law that would allow
American citizens born in Jerusalem to
have Israel listed as their birthplace on
passports.
struck down a law that would allow
American citizens born in Jerusalem to
have Israel listed as their birthplace on
passports.
The ruling was a victory for the
administration of President Barack Obama, which said the law unlawfully encroached on the president's power to set foreign policy and would, if enforced, undermine the U.S. government's claim to be a neutral peacemaker in the Middle East.
administration of President Barack Obama, which said the law unlawfully encroached on the president's power to set foreign policy and would, if enforced, undermine the U.S. government's claim to be a neutral peacemaker in the Middle East.
In a ruling by Justice Anthony Kennedy,
the court said the president has exclusive
power to grant formal recognition to a
foreign government.
"Congress cannot command the president
to contradict an earlier recognition
determination in the issuance of
passports," Kennedy, a conservative who
often casts the deciding vote in close
cases, wrote in the majority opinion.
The court was divided, with the court's
four liberal members joining Kennedy in
the majority. One of the court's
conservatives, Justice Clarence Thomas,
agreed with part of the ruling. The court's
other conservatives, Chief Justice John
Roberts, Justice Antonin Scalia and
Justice Samuel Alito, all dissented.
Scalia took the relatively rare step of
reading his dissenting opinion from the
bench. He said that the Jerusalem
passport law does not infringe on the
president's power because it did not
concern the question of recognizing a
foreign government.
"The Jerusalem passport law has nothing
to do with recognition," Scalia said.
the court said the president has exclusive
power to grant formal recognition to a
foreign government.
"Congress cannot command the president
to contradict an earlier recognition
determination in the issuance of
passports," Kennedy, a conservative who
often casts the deciding vote in close
cases, wrote in the majority opinion.
The court was divided, with the court's
four liberal members joining Kennedy in
the majority. One of the court's
conservatives, Justice Clarence Thomas,
agreed with part of the ruling. The court's
other conservatives, Chief Justice John
Roberts, Justice Antonin Scalia and
Justice Samuel Alito, all dissented.
Scalia took the relatively rare step of
reading his dissenting opinion from the
bench. He said that the Jerusalem
passport law does not infringe on the
president's power because it did not
concern the question of recognizing a
foreign government.
"The Jerusalem passport law has nothing
to do with recognition," Scalia said.
Congress passed the law in 2002, but the
government has never enforced it. The
question at hand was whether Congress
overstepped its authority in passing the
law. An estimated 50,000 American
citizens were born in Jerusalem and
could, if they requested it, list Israel as
their birthplace if the law had been
enforced.
The State Department maintains the law
violates the U.S. Constitution's separation
of executive and legislative powers. It says
a loss for the government in the case
would be seen around the world as a
reversal of U.S. policy that could cause
"irreversible damage" to America's ability
to influence the region's peace process.
government has never enforced it. The
question at hand was whether Congress
overstepped its authority in passing the
law. An estimated 50,000 American
citizens were born in Jerusalem and
could, if they requested it, list Israel as
their birthplace if the law had been
enforced.
The State Department maintains the law
violates the U.S. Constitution's separation
of executive and legislative powers. It says
a loss for the government in the case
would be seen around the world as a
reversal of U.S. policy that could cause
"irreversible damage" to America's ability
to influence the region's peace process.
Seeking to remain neutral on the hotly
contested issue of sovereignty over a city
holy to Jews, Muslims and Christians, the
State Department allows passports to
name Jerusalem as a place of birth, with
no country name included.
A U.S. official, speaking on condition of
anonymity, welcomed the ruling. "It is
important because it confirms the long-
established authority of the president to
make sensitive recognition
determinations as an essential part of his
authority over the conduct of diplomacy
and foreign policy," the official said.
Nabil Abu Rdaineh, spokesman for
Palestinian President Mahmoud Abbas,
told Reuters: "This is an important
decision which accords with international
resolutions and the resolutions of the U.N.
Security Council and General Assembly.
This is a clear message that Israel
occupies East Jerusalem as well as the
West Bank and Gaza Strip."
Israeli Foreign Ministry spokesman
Emmanuel Nahshon said, "We do not
react publicly to foreign court rulings."
However,Jerusalem Mayor Nir Barkat
responded to the ruling, saying that
"much like Washington D.C. is the capital
of the U.S., and London is the capital of
the U.K., and Paris the capital of France –
thus Jerusalem is and always will be the
capital of Israel."
contested issue of sovereignty over a city
holy to Jews, Muslims and Christians, the
State Department allows passports to
name Jerusalem as a place of birth, with
no country name included.
A U.S. official, speaking on condition of
anonymity, welcomed the ruling. "It is
important because it confirms the long-
established authority of the president to
make sensitive recognition
determinations as an essential part of his
authority over the conduct of diplomacy
and foreign policy," the official said.
Nabil Abu Rdaineh, spokesman for
Palestinian President Mahmoud Abbas,
told Reuters: "This is an important
decision which accords with international
resolutions and the resolutions of the U.N.
Security Council and General Assembly.
This is a clear message that Israel
occupies East Jerusalem as well as the
West Bank and Gaza Strip."
Israeli Foreign Ministry spokesman
Emmanuel Nahshon said, "We do not
react publicly to foreign court rulings."
However,Jerusalem Mayor Nir Barkat
responded to the ruling, saying that
"much like Washington D.C. is the capital
of the U.S., and London is the capital of
the U.K., and Paris the capital of France –
thus Jerusalem is and always will be the
capital of Israel."
Barkat said that "in days like these, when
anti-Semites are trying to raise their
heads and the BDS – which supports
Hamas' positions – endangers world
peace and denies Israel's right to exist, we
expect the U.S. to strengthen Israel and
recognize Jerusalem as its capital.
anti-Semites are trying to raise their
heads and the BDS – which supports
Hamas' positions – endangers world
peace and denies Israel's right to exist, we
expect the U.S. to strengthen Israel and
recognize Jerusalem as its capital.
"I call on U.S. President Obama to
publically say what has been known for
generations, that Jerusalem is the capital
of Israel and that Israel is the home of the
Jewish people," Barkat said.
publically say what has been known for
generations, that Jerusalem is the capital
of Israel and that Israel is the home of the
Jewish people," Barkat said.
Legal battle
The parents of a Jerusalem-born 12-year-
old boy, U.S. citizen Menachem
Zivotofsky, have waged a long court battle
to have his passport state he was born in
Israel.
old boy, U.S. citizen Menachem
Zivotofsky, have waged a long court battle
to have his passport state he was born in
Israel.
At issue was the longstanding U.S. policy
that the president, not Congress, has sole
authority to provide American recognition
of who controls Jerusalem, a city claimed
both by Israelis and Palestinians.
The White House argued that the
president has sole authority to provide
American recognition of who controls
Jerusalem, a city claimed both by Israelis
and Palestinians. The Bush
administration had made the same
argument.
While Israel calls Jerusalem its capital,
few other countries accept that. Most,
including the United States, maintain
embassies in Tel Aviv. Palestinians want
East Jerusalem, captured by Israel in a
1967 war, as capital of the state they aim
to establish alongside Israel in the West
Bank and Gaza Strip.
that the president, not Congress, has sole
authority to provide American recognition
of who controls Jerusalem, a city claimed
both by Israelis and Palestinians.
The White House argued that the
president has sole authority to provide
American recognition of who controls
Jerusalem, a city claimed both by Israelis
and Palestinians. The Bush
administration had made the same
argument.
While Israel calls Jerusalem its capital,
few other countries accept that. Most,
including the United States, maintain
embassies in Tel Aviv. Palestinians want
East Jerusalem, captured by Israel in a
1967 war, as capital of the state they aim
to establish alongside Israel in the West
Bank and Gaza Strip.
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