In a 6-3 ruling on Monday, the Supreme Court sided [2] with the Obama administration and struck down a law allowing Jerusalem-born Americans to record Israel as their place of birth on their passports. “Put simply, the nation must have a single policy regarding which governments are legitimate in the eyes of the United States and which are not,” Justice Anthony M. Kennedy wrote [2]. And if the nation must speak with one voice, he added, and “that voice must be the President’s.”
The law in question was part of the Foreign Relations Authorization Act [3], passed in 2002 and signed by President Bush. Section 214 instructed the State Department to “record the place of birth as Israel” in the passports of Jerusalem-born American children if their parents requested that designation. However despite signing the bill, Bush insisted, “U.S. policy regarding Jerusalem has not changed,” and that his administration was not legally bound to follow that provision. He further insisted [3] the resolution “would, if construed as mandatory rather than advisory, impermissibly interfere with the president’s constitutional authority to formulate the position of the United States, speak for the nation in international affairs, and determine the terms on which recognition is given to foreign states.”