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Reply #2: Justices wary of bid by American born in Jerusalem [View All]

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Scurrilous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-07-11 05:32 PM
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2. Justices wary of bid by American born in Jerusalem

"he Supreme Court on Monday waded warily into Middle Eastern politics and a dispute between Congress and the president in the case of a 9-year-old Jerusalem-born American who wants his passport to say he was born in Israel.

The justices appeared unlikely to rule for Menachem Zivotofsky, whose family sued the government after State Department officials refused to list Israel as his place of birth in his American passport."


"The justices seemed reluctant to question the administration's position that the law was an improper congressional attempt to speak for the country on foreign policy.

Justice Elena Kagan said the congressional action read more like a foreign policy statement than a passport law.

"It's a passport statute that seems to have nothing to do with immigration functions that passport statutes usually serve," Kagan said.

Chief Justice John Roberts said that it seemed that the family was asking the court to substitute its foreign policy judgment for the president's, as if to say "we know foreign policy better; we don't think it's going to be a big deal."
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