A Little-Noticed Supreme Court Opinion That Could Bring Huge Consequences
Is it likely the court, as in Dobbs, will revisit Obergefell and abolish the right? The way the majority decided Munoz is a dire signal.
July 01, 2024 at 03:50 PM
5 minute read
In Department of State v. Sandra Munoz, decided last month, the Supreme Court in a 6-3 decision authored by Justice Amy Coney Barrett held that a U.S. citizen does not have a liberty interest in her noncitizen spouse being admitted into the country. The case seemed like a minor variant in the complex, convoluted and byzantine U.S. immigration system.
The court could have decided the case on the narrow ground that excluding a noncitizen from the country can burden the constitutional rights of citizens who seek his presence. But following the long-standing precedent of Kleindienst v. Mandel (1972), if the government provides a facially legitimate and good-faith reason for the exclusion, it will have satisfied its burden and the case is over.
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