[2]The section was seen by the executive as conflicting with the long-standing U.S. policy that the status of Jerusalem must be resolved through negotiations between the Israelis and Palestinians.

[3] President George W. Bush signed the act into law on September 30, but issued a signing statement asserting that "U.S. policy regarding Jerusalem has not changed" and section 214 "would, if construed as mandatory rather than advisory, impermissibly interfere with the President's constitutional authority to formulate the position of the United States, speak for the Nation in international affairs, and determine the terms on which recognition is given to foreign states.

"[4] Menachem Binyamin Zivotofsky was born in Jerusalem on October 17, 2002, shortly after the enactment of the Foreign Relations Authorization Act.

Justice Stephen Breyer filed a short concurrence, reiterating his dissenting opinion from Zivotofsky v. Clinton, that the "case presents a political question inappropriate for judicial resolution."

Roberts argued that the Constitution neither conclusively nor preclusively grants the president such power to recognize foreign nations.