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Constitutional Law Keyed to Choper
Zivotofsky v. Kerry
Citation:
576 U.S. 1 (2015)Facts
Menachem Binyamin Zivotofsky was born in Jerusalem in 2002 to American parents. His parents requested that his U.S. passport list his birthplace as “Israel” in accordance with Section 214(d) of the Foreign Relations Authorization Act of 2003, which directed the Secretary of State to record “Israel” as the birthplace of U.S. citizens born in Jerusalem upon request. The State Department, following longstanding U.S. policy of neutrality regarding Jerusalem’s sovereign status, refused and listed only “Jerusalem” as the birthplace. This policy reflected the Executive Branch’s position that the status of Jerusalem should be determined through negotiations between Israelis and Palestinians. Zivotofsky’s parents filed suit seeking to enforce Section 214(d).
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