On Tuesday, March 19, 2013, at 9:30 a.m., the United States Court of Appeals for the District of Columbia Circuit will hear Oral Argument on the issue of “Is
Jerusalem in Israel?” that was sent back to the Court by the United States Supreme Court over eleven months ago.
Nathan Lewin, who successfully presented his 28th Supreme Court argument in the Supreme Court in November 2011, will argue orally and respond to questioning from three judges of the Court of Appeals in the Court’s Court Room on the 4th floor of the United States Court House at Third Street and Constitution Avenue (“John Marshall Place”). The judges who have been assigned to hear the case are Karen L. Henderson, Judith W. Rogers, and David
S. Tatel.
The Court has allotted 20 minutes per side for oral argument.
On March 26, 2012, the Supreme Court ruled 8 – to – 1 in Zivotofsky v. Clinton
that the lower court could not avoid determining the constitutionality of
a law passed by Congress in 2002 that directed the Secretary of State to permit US citizens to designate their birthplace as “Israel” if they are born in Jerusalem. The State Department has refused since 1967 to recognize
Jerusalem as being in Israel and has contended that the courts would be deciding a “political question” if they approved the constitutionality of the law.
Lewin & Lewin LLP has been representing Menachem Zivotofsky, who was born in Jerusalem to two American citizens who now reside in Beit Shemesh, Israel, pro bono for the past ten years. Their briefs in the Court of Appeals present substantial historical and policy grounds for rejecting the US Government’s contention that the law unconstitutionally interferes with the President
‘s authority to “recognize foreign sovereigns.”
For more information contact Alyza D. Lewin at alyza@lewinlewin.com
or 202-828-1000.
For copies of the briefs and other materials concerning the case contact


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