The first case concerned the thorny issue of Jerusalem's legal status in American law. In 1947, the United Nations ruled the holy city to be a corpus separatum (Latin for separated body) and not part of any state. All these years later and despite many changes, U.S. policy holds that Jerusalem is an entity unto itself. It ignores that in 1950 the Government of Israel declared western Jerusalem to be its capital and in 1980 declared the whole of Jerusalem to be the capital. The Executive Branch even ignores U.S. laws from 1995 (requiring a move of the U.S. embassy from Tel Aviv to Jerusalem) and 2002 (requiring that U.S. documents recognize Americans born in Jerusalem as being born in Israel). Instead, it insists that the city's disposition be decided through diplomacy.
Challenging this policy, the American parents of Jerusalem-born Menachem Zivotofsky, demanded on his behalf that his birth certificate and his passport list him as having been born in Israel. When the State Department refused, the parents filed a lawsuit; their case has now reached the U.S. Supreme Court. Read more »
