Zivotofsky v. Clinton

132 S.Ct. 1421 (2012)

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Nature of the Case

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Facts

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. The State Department's Foreign Affairs Manual states that 'where the birthplace of the applicant is located in territory disputed by another country, the city or area of birth may be written in the passport.' The manual specifically directs that passport officials should enter 'JERUSALEM' and should 'not write Israel or Jordan' when recording the birthplace of a person born in Jerusalem on a passport. Congress passed Section 214(d) seeking to override this instruction by allowing citizens born in Jerusalem to have 'Israel' recorded on their passports if they wish. In signing the Foreign Relations Authorization Act into law, President George W. Bush stated his belief that § 214 'impermissibly interferes with the President's constitutional authority to conduct the Nation's foreign affairs and to supervise the unitary executive branch.' P was born in Jerusalem on October 17, 2002, shortly after § 214(d) was enacted. P's mother requested that his place of birth be listed as 'Jerusalem, Israel. P's parents filed a complaint against the Secretary of State. The District Court granted the Secretary's motion to dismiss the complaint on the grounds that P lacked standing and that his complaint presented a nonjusticiable political question. P appealed, and the case was remanded, and the District Court again found it not justiciable; it would require the Court to decide the political status of Jerusalem. The D.C. Circuit affirmed. The Supreme Court granted certiorari.