Jerusalem on passports
Menachem Binyamin Zivotofsky v. Hillary Rodham Clinton
In brief
The Supreme Court let Zivotofsky’s claim proceed in court and sent it back to the appeals court, but did not decide whether the State Department must list Israel.
- Where it stands
- Decided
Decided 8-1 · March 26, 2012 · Opinion by Chief Justice Roberts
- What it’s about
- Menachem Zivotofsky, born in Jerusalem, sought to list Israel as his birthplace on his passport and consular birth report under federal law; the State Department refused.
- Who it affects
- Zivotofsky’s claim can be considered in court, but the ruling does not require the State Department to list Israel on his documents.
Summary: written with AI from the case record.
What it's about
The Court ruled courts could hear the claim, wiped out the appeals court’s judgment (vacated it), and sent the case back (remanded), without deciding whether Zivotofsky was entitled to the listing.
Zivotofsky was born in Jerusalem, and the State Department refused his request to list Israel as his birthplace.
A federal law directed the State Department how to record an American citizen’s birthplace on a passport and a consular birth report.
Question presented
Does the political question doctrine deprive a federal court of jurisdiction to enforce a federal statute that explicitly directs the Secretary of State how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport?
What the Court decided
Holding
The political question doctrine does not bar judicial review of Zivotofsky’s claim. Pp. 5 − 12. 571 F. 3d 1227, vacated and remanded.
- Result
- Vacated
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 2agreed with the result, wrote separately
- Dissenting · 1disagreed with the result
- Breyerwrote the dissent
From the opinions
“Those categories include (1) instances in which the Constitution clearly commits decisionmaking power to another branch of Government, and (2) issues lacking judicially manageable standards for resolution.”
What's next
The case returns to the D.C. Circuit to consider Zivotofsky’s claim. Whether the State Department must provide the Israel listing remains unresolved.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Decision Record
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AI analysis generated: Opinion Summary
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Zivotofsky
Opinion added: Zivotofsky
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.