In M.B.Z. v. Clinton, the Supreme Court held that the political question doctrine does not bar the courts from deciding whether the President could decline requests from citizens, born in Jerusalem, to place “Israel” on their Passports. The Obama Administration has decided not to recognize Jerusalem as the capital of Israel, continuing a policy the Bush Administration took. The case is currently on remand to the D.C. Circuit to consider the constitutional question.
But, if Governor Romney is elected, this case may become moot. Romney, in a speech in Jerusalem, stated emphatically that Jerusalem is the capital of Israel.
“It is a deeply moving experience to be in Jerusalem, the capital of Israel.”
It is always fun when politics and the Court’s opinions interact in unexpected ways.