A boy , 12 , and his family want his passport to say he was born in Israel . Ignoring law passed in 2002 , U.S. State Department policy is to list only Jerusalem , not Israel . But Justice Elena Kagan -- who along with Justices Stephen Breyer and Sonia Sotomayor seemed most supportive of the administration 's assertions -- wondered `` At issue is a classic tug of war between the executive and legislative branches . The White House wants to keep it that way because they don't like being told what to do by Congress or the courts.
A boy , 12 , and his family want his passport to say he was born in Israel . Ignoring law passed in 2002 , U.S. State Department policy is to list only Jerusalem , not Israel . At issue is a classic tug of war between the executive and legislative branches . The White House wants to keep it that way because they don't like being told what to do by Congress or the courts.