you do not recognize Israel. How could anyone imagine Jerusalem not being in Israel. Total hypocrisy by the Americans and any other government that sees it that way. Every Israeli feels Jerusalem in there heart and soul. What is the point?

the only legal issue is whether the united states congress has the constitutional authority to pass a law directing the state department to allow united states citizens born in jerusalem to list their place of birth on us passports as jersusalem, israel. the obama administration's argument that "changing the wording on passports would damage the american role as a broker of peace in the middle east" is not an argument of constitutional import. nor is the argument correct even in the context of foreign policy. the administration leaves out the influence of such a decision on its relations with the state of israel. justice kagan's argument that "right now, jerusalem is a tinder box because the status of and access to a particular holy site" must be rejected outright. the constitutionality of laws of the united states cannot be determined by threats and acts of terror by foreign or domestic actors whose sole aim is to damage the united states and cause harm to her citizens. were such an argument be accepted, then all manner of acts that are unacceptable to muslims would be forbidden, including all criticisms of islam or its representatives.

... what any country says? The State of Israel is the sovereign over all of Jerusalem. Period. Full stop. Anyone wishing to change that is welcome to challenge Israel militarily. You won't like the outcome, but bring it on!

Justice Alito is quoted by the NY Times: "Justice Samuel A. Alito Jr. said none of that mattered. “Our decision,” he said, “isn’t going to be based on any view that we may have about whether Jerusalem should be regarded as part of Israel or the capital of Israel.” The case is about who has the power to decide. The suggestion of deciding on the merits show lack of understanding of the US Supreme Court. The USSC does not weigh facts. They only decide law. That is just the way things work.

Transcripts of the oral arguments are available from SCOTUS at: http://www.supremecourt.gov/oral_arguments/argument_transcripts/13-628_fe9g.pdf For those who don't like reporter-edited summaries.

The US Supreme Court does not try merits or facts. It rules on law. Bush disagreed that the provision was Constitutional. The original case named Rice, Condie Rice. Now Kerry holds the job. But the legal view is unchanged. Kagan's, off hand comment notwithstanding, the court will rule on the law, despite the Israeli Army or any other threat. Even Alito said that.The US Constitution trumps even your preferences and prejudices. The US has enumerated and implied and inherent powers for each branch of government. This is an implied and inherent powers case. Israeli control of the disputed site is not an issue. Only who decides is an issue.

Doesn't he have an Israeli passport? Let him give up his US citizenship, problem solved.

the Zivotofsky family has wasted everybody's time and resources over this issue.

The POINT is that the world and the United Nations recognize Israel's 1948 boarders and the Palestinian lands occupied by force are NOT part of Israel. PERIOID

I have many friends who were born in Jerusalem. They carry US Passports and their place of births shows JERUSALEM only without Israel. East Jerusalem is an occupied city and it is not part of Israel.

I am Israeli and Jewish and hate Jerusalem to my guts. It's a city for loonies with heavy atmosphere

What a childish comment

that every Palestinian feels Jerusalem is their heart and soul too. You seem to have a poor imagination, or empathy.

do Arabs have to Jerusalem, a city that is mentioned in Psalms which was written about 1500 years before Islam even existed.

merits: "matters of substance in law, as distinguished from matters of mere form...." " 'merits,' in this application of it, has the technical sense of merits in law, and is not confined to a strictly moral and conscientious defense...." merits: "the strict legal rights of the parties...." (legal dictionary) the supreme court must decide the case on the merits, not based on foreign policy considerations as the obama administration has argued. the only question is whether congress can enact a law which states that us citizens born in jerusalem, israel, can so state on their passports. the issue pertains to the authority of congress to regulate passports, which it has.

i agree that who decides is the issue. the rest of your post is irrelevant.