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Act, Fiscal Year 2003, Public Papers of the Presidents, George W. Bush, Vol. 2, Sept. 30, 2002, p. 1698 (2005). The President concluded, “U. S. policy regarding Jerusalem has not changed.” Ibid.

Some parties were not reassured by the President's statement. A cable from the United States Consulate in Jerusalem noted that the Palestine Liberation Organization Executive Committee, Fatah Central Committee, and the Palestinian Authority Cabinet had all issued statements claiming that the Act "`undermines the role of the U. S. as a sponsor of the peace process.'" App. 231. In the Gaza Strip and elsewhere residents marched in protest. See The Associated Press and Reuters, Palestinians Stone Police Guarding Western Wall, The Seattle Times, Oct. 5, 2002, p. A7.

In response the Secretary of State advised diplomats to express their understanding of “Jerusalem's importance to both sides and to many others around the world.” App. 228. He noted his belief that America's “policy towards Jerusalem” had not changed. Ibid.

In 2002, petitioner Menachem Binyamin Zivotofsky was born to United States citizens living in Jerusalem. App. 24–25. In December 2002, Zivotofsky's mother visited the American Embassy in Tel Aviv to request both a passport and a consular report of birth abroad for her son. Id., at 25. She asked that his place of birth be listed as “ `Jerusalem, Israel.' ” Ibid. The Embassy clerks explained that, pursuant to State Department policy, the passport would list only “Jerusalem.” Ibid. Zivotofsky's parents objected and, as his guardians, brought suit on his behalf in the United States District Court for the District of Columbia, seeking to enforce § 214(d).

Pursuant to § 214(d), Zivotofsky claims the right to have “Israel” recorded as his place of birth in his passport. See Zivotofsky v. Clinton, 566 U. S. 189, 193 (2012) (“[W]hile Zi-