Juan Cole: Supreme Court's Jerusalem Decision Shows Limits of Israeli Lobby

[eridani]

http://readersupportednews.org/opinion2/277-75/30652-supreme-courts-jerusalem-decision-shows-limits-of-israeli-lobby

t has been the position of the US presidents for decades that the status of Jerusalem in international law is unsettled. That is why the US embassy is in Tel Aviv, and why US passports showing the place of birth as Jerusalem just list the name of the city without indicating a country. The Supreme Court on Monday upheld the president’s right to make this determination, in a 6-3 decision. Justice Kennedy, writing for the majority, found that Congress was not given by the constitution any role in recognizing other countries (or parts of other countries), and that in contrast the constitution gives the president this prerogative.

The issue began with a 2002 law passed by Congress instructing the executive to let Americans born in Jerusalem list Israel as their birthplace. The State Department refused to comply, denying Menachem Zivotofsky a passport that listed his birthplace as Jerusalem, Israel. His family sued under the 2002 law. The Supreme Court just struck down that law as unconstitutional.

No one is bringing up that a lot of Palestinian-Americans born in Jerusalem would like their passports to read “Jerusalem, Palestine”.

The law was pushed by the American Israel Public Affairs Committee, a powerful umbrella group for thousands of pro-Israel lobbies. These lobbies in turn play a major role in funding political campaigns, so that AIPAC has gained outsized influence on Congress. Jewish-Americans are less than two percent of the population, but those who strenuously support Israel on a “my country right or wrong” basis can usually get their way on congressional votes. They are aided, often, by evangelical Christians and also by old-time liberals who grew up before Israel entered its current Apartheid phase. Prominent right-Zionist congressional representatives have attempted to use Congress to push the US to recognize Israeli sovereignty over Jerusalem.

The Israel lobbies have never been as strong with regard to the presidency or the courts as they are with regard to Congress, however. The Supreme Court decision showed the limits of their power. The reason this point is important is that the Israeli occupation of Palestine is increasingly being litigated not in national legislatures, where a lobby can sway votes, but in courtrooms. If the occupation and its Apartheid policies ever go to the International Criminal Court, the ICC will certainly rule against Israel. It already has, in a 2004 advisory opinion. Since the ICC is respected by signatories of the 2002 Rome Statue, in turn, that bodies ruling would be widely influential, including in Europe.

[delrem]

1. I always thought that laws against apartheid should have priority

over the wishes of pro-apartheid interests.

I'm not a fan of monopolies.

I naturally prefer secular to religious/sectarian states, because "secular" means that religious/sectarian apartheid interests aren't dominant.