On Monday, the US Supreme Court ruled 6-3 that the State Department could not identify Jerusalem as part of Israel on passports issued to American citizens born in Jerusalem. The decision reverses a law passed by Congress in 2002 which explicitly directed the State Department to recognize Jerusalem as an Israeli city. The law was ignored by both President Bush and President Obama, for fear of inflaming Arab anger. In fact, the Obama administration went so far as to claim the law would cause “irreversible damage” to America’s role in the Israeli-Palestinian peace process.
The Supreme Court sided with the president, declaring that Congress had unlawfully usurped the executive branch’s exclusive power to recognize foreign governments.
Understandably, the decision enraged Israelis who unanimously agree that Jerusalem is the capital of Israel. There is some disagreement within Israeli politics over where the line should be drawn and whether Jerusalem will ever be split and share with the Palestinians in a future peace agreement, but no one denies that Jerusalem is currently in Israel. The Supreme Court’s decision is particularly disturbing because it reveals that the US government does not back Israel’s claim on its capital.
The prime minister did not officially comment on the decision, but other government officials were quick to respond. Jerusalem Affairs Minister Zeev Elkin said, “United Jerusalem is the capital of Israel, and will remain so forever.”
Deputy Defense Minister Eli Ben-Dahan declared, “United Jerusalem is the eternal capital of the Jewish people and the center of the world. This is how it’s been and this is how it will remain.”
Jerusalem Mayor Nir Birkat stated, “Just like Washington is the capital of the US and Paris is the capital of France, Jerusalem has been and will always be the capital of Israel.”
Israelis are not alone in disagreeing with the ruling. Inside the United States, many staunchly pro-Israel Jews and Christians are voicing their disappointment and frustration with the government’s decision.
Abe Foxman, head of the Anti-Defamation League, said, “It is sad and unfortunate that Israel – as a sovereign nation – is the only country in the world whose capital comes under such scrutiny and has to defend its right to determine where its capital city exists.”
The three dissenting Supreme Court Justices voiced concern that this ruling would establish a dangerous legal precedent for future foreign policy conflicts between the president and Congress.
Chief Justice John Roberts wrote, “Never before has this court accepted a president’s direct defiance of an act of Congress in the field of foreign affairs.” And Justice Scalia added, “It will erode the structure of equal and separated powers that the people established for the protection of their liberty.”
Our opinion: The Supreme Court came down on the wrong side of justice this time.
