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Flores-Villar v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-5801 9th Cir. Nov 10, 2010 Jun 13, 2011 4-4 Aff'd by a divided Court OT 2010

Holding: An equally divided Court affirmed the decision of the Ninth Circuit upholding, against a constitutional challenge, a citizenship-transmission statute that imposes different standards for children born out of wedlock outside of the United States depending on whether the child's mother or father is a U.S. citizen. (Kagan, J., recused).

Plain English Holding: By a vote of four to four (because Justice Kagan was recused), the Court allowed the lower court's decision to stand; that decision rejected the argument that a federal law which establishes different standards for children born out of wedlock outside of the United States to obtain U.S. citizenship, depending on whether the child's mother or father was a U.S. citizen, is unconstitutional.

Judgment: Affirmed by an equally divided Court on June 13, 2011. (Kagan, J., recused).

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