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Monday, March 26, 2012

Breaking: Supreme Court rules Federal courts can consider Jerusalem passport issue

Mazal Tov to my friend Ari Zivotofsky and his son Menachem. They won their Supreme Court case.
The U.S. Supreme Court returned to the lower courts the issue of whether Americans born in Jerusalem may list "Israel" on their passports -- a ruling that drew praise from Jewish groups.

The decision delivered Monday was a success for the family of Jerusalem-born boy Menachem Zivotofsky. His family for years has sought to force the State Department to agree to state on his passport that he was born in Israel, citing a law passed by Congress in 2002.

President George W. Bush signed the law, but in doing so refused to implement it, citing executive prerogative in foreign policy. President Obama has continued that practice.

The Supreme Court, in an 8-1 decision, overruled lower court decisions that had contended that the judicial branch does not have authority over this area since it is not the courts' place to determine foreign policy.

"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," Chief Justice John Roberts wrote for the majority.

Justice Stephen Breyer dissented.
YES! I have four children and three grandchildren who were born in JERUSALEM, ISRAEL!

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At 10:00 PM, Blogger Unknown said...

Mazel tov ! Carl.

I'm happy to hear this ruling.
I can imagine someone else ain't that happy but i guess his buddy will console him.

At 11:09 PM, Blogger Captain.H said...

I don't get this. It seems that the Supreme Court not deciding but returning the case to the lower courts isn't a verdict, just punting the decision back downwards. The ultimate decision still seems up in the air. The decision seems just to have turned a "No" to a "Maybe".

Carl, please impress us with your legal brilliance and translate from Legalese to English! :-)

At 11:50 PM, Blogger Juniper in the Desert said...

Wow, fantastic!! Can it be appealed??


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