Wednesday, April 23, 2014
The Supreme Court agreed on Monday to hear Zivotofsky v. Kerry--or, rather, to rehear the case, this time on the merits. The case tests congressional authority versus presidential authority in foreign affairs, in particular, the power to designate the place of birth on a U.S. passport issued to a person born to U.S.-citizen-parents overseas, in Jerusalem. Our latest post on the case, with links to earlier posts, is here.
The case pits a federal law that requires U.S. passports issued to citizens born in Jerusalem to designate "Israel" as the country of birth against State Department regs that prohibit the designation of "Israel."
The Court ruled in the first round, in 2012, that the case did not present a non-justiciable political question. On remand, the D.C. Circuit struck the federal law as an intrusion on the President's power to recognize foreign nations.
In this round, the Court will determine whether the law indeed infringes on presidential authority--a significant separation-of-powers question in the area of foreign affairs.