Last year, I suggested there was no need for President Obama to make a federal case out of Menachem Zivotofsky’s request to have “Israel” designated on his passport as his place of birth, pursuant to a law giving Americans born in Jerusalem the right to that designation if they requested. My idea — which I thought might resonate with Obama — was to blame Bush!
Congress enacted the law in 2002; President Bush signed it, but said he would not enforce it; Obama had campaigned against Bush’s many signing statements, saying a president generally had only two choices – sign a bill or veto it; and Obama could have said he was simply faithfully executing a law his predecessor had signed. If he wanted, Obama could have done what President Clinton did regarding Taiwan: comply with the passport law while declaring American foreign policy remained unchanged. Case closed! But Obama proceeded to the Supreme Court, which ruled the issue can be adjudicated; and because the controversy continues, we may continue to be treated to colloquies like the one at the State Department yesterday.