At issue is the right of Naomi Zivotofsky to insist that the American passport she requested for her son Menachem from the U.S. Embassy in Tel Aviv list "Israel" as his place of birth. He was born in Jerusalem in October 2002, about three weeks after President George W. Bush signed a bill directing the State Department to list "Israel" on the passports of American children born in Jerusalem if their parents requested it.
But the State Department denied the request, citing Bush's comments at the bill signing in which he said the law "impermissibly interferes with the president's constitutional authority to conduct the nation's foreign affairs ...."
Menachem's parents, Naomi and Ari Zivotofsky, are both American citizens and they sued the State Department the following September to compel it follow the law.
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