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ZIVOTOFSKY v. SECRETARY OF STATE

No. 07-5347.

571 F.3d 1227 (2009)

Ari Z. ZIVOTOFSKY, M.B.Z. by his Parents And Guardians and Naomi Siegman Zivotofsky, M.B.Z. by his Parents and Guardians, Appellants. v. SECRETARY OF STATE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2009.

Attorney(s) appearing for the Case

Nathan Lewin argued the cause for appellants. With him on the briefs was Alyza D. Lewin.

Lewis Yelin, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Douglas N. Letter, Appellate Litigation Counsel. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Concurring opinion filed by Senior Circuit Judge EDWARDS.

GRIFFITH, Circuit Judge:

It has been the longstanding policy of the United States to take no side in the contentious debate over whether Jerusalem is part of Israel. In this case, the federal courts are asked to direct the Secretary of State to contravene that policy and record in official documents that Israel is the birthplace of a U.S. citizen born in Jerusalem. Because the judiciary has no authority to order the Executive Branch to change the nation's foreign...

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