Menachem Binyamin Zivotofsky, BY His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky, Petitioner v. Hillary Rodham Clinton, Secretary of State (566 U.S. 189)
U.S. Supreme Court · decided March 26, 2012 · Supreme Court Database (Spaeth)
- Citation
- 566 U.S. 189 · 132 S. Ct. 1421
- Decided
- March 26, 2012
- Term
- October Term 2011
- Vote
- 8–1
- Majority author
- Justice Roberts
- Issue area
- Miscellaneous
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Roberts delivered the opinion of the Court. Congress enacted a statute providing that Americans born in Jerusalem may elect to have “Israel” listed as the place of birth on their passports. The State Department declined to follow that law, citing its longstanding policy of not taking a position on the political status of Jerusalem. When sued by an American who invoked the statute, the Secretary of State argued that the courts lacked authority to decide the case because it presented a political question. The Court of Appeals so held. We disagree. 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. I A In 2002, Congress enacted the Foreign Relations Authorization Act, Fiscal Year 2003, 116 Stat. 1350. Section 214 of the Act is entitled “United States Policy with Respect to Jerusalem as the Capital of Israel.” Id., at 1365. The first two subsections express Congress’s “commitment” to relocating the United States Embassy in Israel to Jerusalem. Id., at 1365-1366. The third bars funding for the publication of official Government documents that do not list Jerusalem as the capital of Israel. Id., at 1366. The fourth and final provision, § 214(d), is the only one at stake in this case. Entitled “Record of Place of Birth as Israel for…
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