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Supreme Court to Hear Dispute over Jerusalem Israel on Passport

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Uploaded by on May 2, 2011

by MARK SHERMAN, Associated Press Mark Sherman, Associated Press -- 12 mins ago WASHINGTON -- The Supreme Court agreed Monday to hear an appeal from an American born in Jerusalem over whether he can have Israel listed as his birthplace on his passport even though U.S. policy does not recognize the once-divided city as belonging to Israel.

The court is stepping into a case that mixes the thorny politics of the Middle East and a fight between Congress and the president over primacy in foreign policy.

The justices will review an appeals court ruling against Jerusalem-born Menachem Zivotofsky and his parents, U.S.-born Jews who moved to Israel in 2000. They filed a lawsuit after State Department officials refused to list Israel as Menachem's birthplace.

The boy was born in a Jerusalem hospital in October 2002, shortly after Congress directed, in a federal law, that Americans born in Jerusalem may have Israel listed as their place of birth. But the Bush administration said Congress may not tell the president what to do regarding this aspect of foreign relations. The Obama administration agrees with its predecessor.

When the high court hears arguments in the fall, the issues will be whether the congressional directive impermissibly interferes with the president's power, and whether the courts should play any role in the dispute between Congress and the president.

The State Department's longstanding policy has been to refrain from expressing a view about Jerusalem's status, despite the congressional action as well as Israel's assertion of sovereignty over all of Jerusalem and declaration of the city as its capital. Israel's victory in the 1967 Six-Day War brought the entire city under Israeli control.

The U.S., which keeps its embassy in Tel Aviv, and most nations do not recognize Jerusalem as the capital and say the city's status should be resolved in negotiations between Israel and the Palestinians.

Ari Zivotofsky, the boy's father, said in an interview in Israel that he considers Jerusalem part of Israel. "As a U.S. citizen and a resident of Israel, I find it a little bit strange that the U.S. doesn't recognize Israeli sovereignty over Jerusalem, and certainly the western half, where the hospital is located," he said.

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  • Jerusalem-born Americans? It's possible.

  • Interesting international dispute, which seems to be touted as having an influence on the peace process of the Middle East. More of the convoluted mess. But will this strong arm the USA into keeping a consistent stance on these matters? Is this the clincher? Will it make a clear message that Jerusalem is indeed the jewish Capitol of Israel?

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