http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/Printer&cid=1094613509253&p=1078113566627US Court rules against 'Jerusalem, Israel'<snip>
"The US District Court in Washington late Tuesday dismissed lawsuits filed by two American-Israeli couples against US Secretary of State Colin Powell, which had argued that the State Department should direct the US Embassy in Tel Aviv to designate Israel as the country of birth on their children's passports and other consular birth documents in accordance with US law.
US District Judge Gladys Kessler, in siding with Powell's lawyers' arguments, ruled that the federal court did not have jurisdiction over the case since the designation of Israel on a passport was a political matter, and the purview of the executive branch.
She also ruled that the plaintiffs, Ari Zivotofsky and Naomi Siegman Zivotofsky, residents of Beit Shemesh, who filed the lawsuit on behalf of their son Menachem, had no standing to bring the case since they "suffered no injury" as they had alleged as a result of the State Department's decision not to allow their son's US passport to read "Jerusalem, Israel" in the place-of-birth section. It currently reads only "Jerusalem." The Zivotofsky lawsuit was combined by the court with a similar one filed by Dan and Jocelyn Odenheimer, who also challenged the State Department's failure to implement the law."
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"The cases were brought based on Section 214 of the Foreign Relations Authorization Act of 2003, "United States Policy with Respect to Jerusalem as the Capital of Israel," signed into law a few weeks before Menachem Zivotofsky's birth in October 2002 at Shaare Zedek Hospital in Jerusalem. The law states that a US citizen born in Jerusalem can choose to have Israel listed in his passport as his country of birth.
While US President George W. Bush signed the bill into law, the White House at the time said the president's constitutional authority to direct foreign policy overrides the provisions mandated by Congress. And it said it would interpret the section on Jerusalem as "advisory." The US has never recognized Jerusalem as Israel's capital, believing such recognition would prejudge final-status negotiations with the Palestinians, who want part of Jerusalem as the capital of a future state. Bush pledged during the 2000 campaign to begin the process of relocating the US Embassy from Tel Aviv to Jerusalem but has not done so."