Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday, April 25. We will begin live-blogging at this link at 9:45 a.m.
On Tuesday the court hears oral argument in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County. Ronald Mann has our preview.
On Tuesday the court also hears oral argument in BNSF Railway Co. v. Tyrrell. Amy Howe has our preview.

Flores-Villar v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-5801 9th Cir. Nov 10, 2010
Tr.Aud.
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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