Washington—A U.S. Supreme Court’s decision today (Zivotofsky v. Kerry) upheld the U.S. President’s exclusive power to recognize foreign states and nations.
The Supreme Court held that Section 214(d) of the Foreign Relations Authorization Act infringes on the President’s exclusive recognition power and the President’s consistent decision to withhold recognition of Israeli sovereignty claims over Jerusalem.
Section 214(d) provides that “for the purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel.”
The American-Arab Antidiscrimination Committee (ADC) file an amicus brief in the Supreme Court supporting the U.S. Presidents` longstanding policy to remain neutral on the status of Jerusalem, arguing that Section 214(d) is directly inconsistent with that policy.
The Supreme Court stated that “Section 214(d) forces the President, through the Secretary of State, to identify, upon request, citizens born in Jerusalem as being born in Israel when, as a matter of United States policy, neither Israel nor any other country is acknowledged as having sovereignty over Jerusalem.”
Importantly, the Supreme Court acknowledged that Congress’ purpose in enacting Section 214(d) was to infringe on the President’s exclusive recognition power. See ADC’s coverage of the Jerusalem Passport case.
Contact ADC at:
Tel: +1 (202) 244–2990
Web: www.adc.org
Photo on front page: Eastern prospect of Old Jerusalem. . Photo on this page: ADC Legal Director Abed Ayoub and Staff Attorney Yolanda Rondon.