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"The Supreme Court is hearing arguments in a Jerusalem-born boy's challenge to State Department policy that prevents him from having his passport show he was born in Israel.
Middle Eastern politics and the battle between Congress and the president over foreign policy are at play in the case being argued at the high court Monday. The boy, Menachem Zivotofsky, and his parents, Naomi and Ari, flew in from Israel to attend Monday's Supreme Court arguments.
The Obama administration, like its Republican and Democratic predecessors, says it doesn't want to stir up anger in the Arab world by appearing to take a position on the ultimate fate of Jerusalem. Longstanding U.S. policy says the status of the city that is important to Jews, Muslims and Christians should be resolved in negotiations.
But lawyers for 9-year-old Menachem argue that the foreign policy concerns are trivial. Thirty-nine lawmakers from both parties are siding with the boy and his parents, defending a provision in a 2002 law that allows Israel to be listed as the birthplace for Americans born in Jerusalem.
President George W. Bush signed the much larger law, but said the provision on Jerusalem interfered with his power over foreign affairs, including the authority to recognize foreign states. Bush issued a signing statement at the time in which he said that "U.S. policy regarding Jerusalem has not changed."
Read more:
http://www.miamiherald.com/2011/11/07/2490527/justices-hear-case-of-american.html#ixzz1d2aDKJjO