D.C. Circuit Holds Jerusalem Passport Law Unconstitutional

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the D.C. Circuit held today in Zivotofsky v. Secretary of State that the federal law requiring the U.S. State Department to list “Israel” as the country of birth in U.S. Passports for U.S. citizens born in Israel is unconstitutional because it “impermissibly intrudes on the President’s exclusive authority under the United States Constitution to decide whether and on what terms to recognize foreign nations.” The D.C. Circuit had earlier held that this case presented a nonjusticiable political question, but was reversed by the Supreme Court.

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