The Supreme Court has agreed to hear an appeal over whether an American born in Jerusalem can have Israel listed as his birthplace on his passport even though US policy does not recognize the once-divided city as belonging to Israel.

The court said Monday it will review an appeals court ruling against Jerusalem-born Menachem Zivotofsky and his parents. They filed a lawsuit after State Department officials refused to list Israel as his birthplace.

Zivotofsky was born shortly after Congress directed that Americans born in Jerusalem may have Israel listed as their place of birth. But the Bush administration said Congress may not tell the president what to do regarding this aspect of foreign relations. The Obama administration agrees with its predecessor.

At issue is whether the congressional directive steps on the president's power.