On Monday, June 8, 2015, The Supreme Court ruled that Congress cannot ask the State Department to allow Americans born in Jerusalem to list Israel as their birthplace on their passports.
According to Justice Anthony Kennedy, this decision came about because the President wants to recognize foreign governments.
“Recognition is an act with immediate and powerful significance for international relations, so the President’s position must be clear. Congress cannot require him to contradict his own statement regarding a determination of formal recognition,” Justice Kennedy said.
The case was open by the parents of Menachem B. Zivotofsky, who was born in Jerusalem shortly after Congress enacted the 2002 foreign relations law, a law that allowed citizens of Jerusalem to list their birthplace as Israel.
George W. Bush signed the bill, but he neglected the section that would allow Jerusalem-born citizens to change their birthplace to Israel.
The Obama administration has reopened the case, calling the rule unconstitutional.