Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Sessions v. Morales-Santana

Docket No. Op. Below Argument Opinion Vote Author Term
15-1191 2d Cir. Nov 9, 2016
Tr.Aud.
Jun 12, 2017 8-0 Ginsburg OT 2016

Holding: (1) The gender line Congress drew in Section 1409(c) of the Immigration and Nationality Act -- which creates an exception for an unwed U.S.-citizen mother, but not for such a father, to the physical-presence requirement for the transmission of U.S. citizenship to a child born abroad -- is incompatible with the Fifth Amendment's requirement that the government accord to all persons "the equal protection of the laws"; and (2) because the Supreme Court is not equipped to convert Section 1409(c)'s exception into the main rule displacing other relevant provisions of the statute, it falls to Congress to select a uniform prescription that neither favors nor disadvantages any person on the basis of gender.

Judgment: Affirmed in part, reversed in part, and remanded, 8-0, in an opinion by Justice Ginsburg on June 12, 2017. Justice Thomas filed an opinion concurring in the judgment in part, in which Justice Alito joined. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 12 2016Application (15A858) to extend the time to file a petition for a writ of certiorari from February 29, 2016 to March 30, 2016, submitted to Justice Ginsburg.
Feb 16 2016Application (15A858) granted by Justice Ginsburg extending the time to file until March 30, 2016.
Mar 22 2016Petition for a writ of certiorari filed. (Response due April 21, 2016)
Apr 11 2016Order extending time to file response to petition to and including May 23, 2016.
May 17 2016Letter dated May 17, 2016, from the Solicitor General received notifying the Court of an error in the petition appendix.
May 23 2016Brief of respondent Luis Ramon Morales-Santana in opposition filed.
Jun 7 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 7 2016Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Jun 27 2016DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016Petition GRANTED.
Aug 1 2016Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
Aug 4 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2016.
Aug 4 2016The time to file respondent's brief on the merits is extended to and including September 26, 2016.
Aug 19 2016Brief of petitioner Loretta E. Lynch, Attorney General filed.
Sep 2 2016SET FOR ARGUMENT On Wednesday, November 9, 2016
Sep 7 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Sep 9 2016Record has been requested from the U.S.C.A. 2nd Circuit.
Sep 15 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Sep 15 2016Record received from the U.S.C.A. 2nd Circuit is electronic.
Sep 26 2016Brief of respondent Luis Ramon Morales-Santana filed.
Sep 28 2016CIRCULATED
Sep 30 2016Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
Oct 3 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 3 2016Brief amici curiae of Constitutional Law, Federal Courts, Citizenship, and Remedies Scholars filed. (Distributed).
Oct 3 2016Brief amici curiae of Professors of History, Political Science, and Law filed. (Distributed)
Oct 3 2016Brief amici curiae of Equality Now, et al. filed.
Oct 3 2016Brief amici curiae of The National Immigrant Justice Center, et al. filed. (Distributed)
Oct 3 2016Brief amicus curiae of Population and Family Scholars filed. (Distributed)
Oct 3 2016Brief amici curiae of Scholars on Statelessness filed. (Distributed)
Oct 26 2016Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Nov 9 2016Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Stephen A. Broome, Los Angeles, Cal.
Nov 15 2016Record received from the Board of Immigration Appeals is electronic.
Nov 16 2016Letter from counsel for petitioner received and distributed.
Jun 12 2017Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment in part, in which Alito, J., joined. Gorsuch, J., took no part in the consideration or decision of this case.
Jul 14 2017JUDGMENT ISSUED.
 
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