Attorney(s) appearing for the Case
Nathan Lewin argued the cause for the appellant. Alyza D. Lewin was on brief.
Robert G. Kidwell was on brief for amici curiae Anti-Defamation League et al. in support of the appellant.
David I. Schoen was on brief for amicus curiae Zionist Organization of America in support of the appellant.
Paul Kujawsky was on brief for amicus curiae American Association of Jewish Lawyers and Jurists in support of the appellant.
Gregory E. Ostfeld , Elliot H. Scherker and Marc Stern were on brief for amicus curiae American Jewish Committee in support of the appellant.
Theodore B. Olson was on brief for amici curiae Members of United States Senate et al. in support of the appellant.
Dana Kaersvang , Attorney, United States Department of Justice, argued the cause for the appellee. Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Harold Hongju Koh , Legal Adviser, United States Department of State, were on brief. Lewis Yelin and Douglas N. Letter , Attorneys, United States Department of Justice, and R. Craig Lawrence , Assistant United States Attorney, entered appearances.
Concurring opinion filed by Circuit Judge TATEL.
United States Court of Appeals, District of Columbia Circuit.
KAREN LECRAFT HENDERSON, Circuit Judge:
Section 214(d) of the Foreign Relations Authorization Act, Fiscal Year 2003, Pub.L. No. 107-228, 116 Stat. 1350, requires the Secretary (Secretary) of the United States Department of State (State Department) to record "Israel" as the place of birth on the passport of a United States citizen born in Jerusalem if the citizen or his guardian so requests. Id. § 214(d), 116 Stat. at 1366. The Secretary has not enforced...
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