Yes, the Zivotofsky case is back in court:
The focus of the Zivotofskys' appeal is on the courts' power to resolve the dispute. A victory at the Supreme Court probably would leave it to lower courts to decide what the passport should say. Rep. Anthony Weiner, D-N.Y., has joined the family in urging the Supreme Court to hear the case. "Foreign policy is not a presidential preserve," Weiner said in a filing with the court. He also criticized the use of signing statements, which he said violates the Constitution's requirement that the president faithfully execute the law.
The brief is here.
District Court opinion: http://tinyurl.com/4xh6nau
Government filings: http://tinyurl.com/3k9p2t2 , http://tinyurl.com/3hsq9ep