The President, not the Congress, gets to decide whether a person born in Jerusalem, can have his place of birth listed on his passport as Israel.

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Here's the PDF of Zivotofsky v. Kerry, which just came out. There's a majority opinion, written by Justice Kennedy, with 5 votes. The Chief Justice writes a dissenting opinion, joined by Justices Scalia and Alito. Justice Thomas concurs in part and dissents in part.

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