(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 Ruth Bader Ginsburg on Jun 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.
Proceedings & orders timeline
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.
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.
Recommended Citation: Sessions v. Morales-Santana, SCOTUSblog, https://www.scotusblog.com/cases/lynch-v-morales-santana/