The Supreme Court ruling in the so-called Jerusalem passport case certainly hands a disappointing bar mitzvah gift to Menachem Binyamin Zivotofsky. He is the American who was born at Jerusalem in 2002 and sought American papers listing his birthplace as Israel. He acted under a law passed almost unanimously by Congress requiring that such papers be granted. It took two trips to the Supreme Court for the judicial branch to reach a conclusion, and the youngster lost.
To the young man — and his heroic parents — all Americans who love Israel owe a debt of thanks. We were rooting for them all the way. But it may yet be that in the long run the big winner in the case will be Jewish state. For one result of Zivotofsky v. Kerry, as the case came to be called, will be that those Americans born in Jerusalem who want documents listing their birthplace as Israel will have to become Israelis. That is, in a way, a restatement of the raison d’etre of Zionism.
No less a figure than Menachem Begin warned against trying to answer the Jerusalem question on Capitol Hill. The fact is that the only duly constituted authority to decide the Jerusalem question is Israel. It has been sovereign in the part of Jerusalem where Master Zivotofsky was born since 1948 and in the rest of Jerusalem since 1967. It is up to the world to adjust. Nothing in the opinion of the Supreme Court changes that, a point that will grow ever more clear.