Daily Israel Report

US Supreme Court to Decide on Jerusalem's Status

Can the US president declare Jerusalem as Israel's capital?
By AFP and Arutz Sheva Staff
First Publish: 4/21/2014, 8:00 PM

US Supreme Court
US Supreme Court
Reuters

The US Supreme Court Monday decided to hear the case of an American born in Jerusalem, once again taking up the sensitive issue of the status of the contested city, according to AFP

The justices will hear arguments in the case in the fall before deciding on the constitutionality of a 2002 law that directs the State Department to give Israel as the country of birth in passports of Americans born in Jerusalem.

At the center of the struggle between the Congress and the presidency is Menachem Zivotofsky, who was born in Jerusalem in 2002 to two American parents.

His passport says "born in Jerusalem" but his parents want Israel added to the place of birth, putting them at odds with the State Department. 

Jerusalem is Israel's capital, but the international community repeatedly refuses to recognize it as such. 

In 2002, president George W. Bush signed the bill declaring Israel as Jerusalemites' nationality into law, but he added a signed statement condemning it as unacceptable interference in the president's powers to conduct foreign policy.

In March 2012, the top court ruled that the Zivotofsky suit was legally admissible, without pronouncing on the underlying issue. 

After the case was thrown out twice - most recently, in June - the Court will decide this time whether the president alone has the authority to say who Jerusalem belongs to, in the eyes of the United States.

The Obama administration argued at a hearing in November 2011 that to list Israel as the country of birth would be tantamount to recognizing Jerusalem as the capital of the country.