Sessions v. Morales-Santana

Docket No.	Argument	Opinion	Vote	Author	Term
15-1191	Nov 9, 2016	Dec 6, 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 December 6, 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

Immigration symposium: Prelude to a turning point (Charles Roth, June 29, 2017)
Immigration symposium: The future of immigration exceptionalism (David Rubenstein, June 29, 2017)
Opinion analysis: Court rejects gender-based distinctions in citizenship laws (Amy Howe, June 12, 2017)
Argument analysis: Searching for a remedy for constitutional violation on citizenship (Amy Howe, November 9, 2016)
A "view" from the courtroom: The election and U.S. values (Mark Walsh, November 9, 2016)
Argument preview: Justices to take on citizenship question again (Amy Howe, November 7, 2016)
Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)

Date	Proceedings and Orders (key to color coding)
02/12/2016	Application (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.
02/16/2016	Application (15A858) granted by Justice Ginsburg extending the time to file until March 30, 2016.
03/22/2016	Petition for a writ of certiorari filed. (Response due April 21, 2016)
04/11/2016	Order extending time to file response to petition to and including May 23, 2016.
05/17/2016	Letter dated May 17, 2016, from the Solicitor General received notifying the Court of an error in the petition appendix.
05/23/2016	Brief of respondent Luis Ramon Morales-Santana in opposition filed.
06/07/2016	DISTRIBUTED for Conference of June 23, 2016.
06/07/2016	Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
06/27/2016	DISTRIBUTED for Conference of June 27, 2016.
06/28/2016	Petition GRANTED.
08/01/2016	Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
08/04/2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2016.
08/04/2016	The time to file respondent's brief on the merits is extended to and including September 26, 2016.
08/19/2016	Brief of petitioner Loretta E. Lynch, Attorney General filed.
09/02/2016	SET FOR ARGUMENT On Wednesday, November 9, 2016
09/07/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
09/09/2016	Record has been requested from the U.S.C.A. 2nd Circuit.
09/15/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
09/15/2016	Record received from the U.S.C.A. 2nd Circuit is electronic.
09/26/2016	Brief of respondent Luis Ramon Morales-Santana filed.
09/28/2016	CIRCULATED
09/30/2016	Brief amici curiae of The American Civil Liberties Union, et al. filed. (Distributed)
10/03/2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
10/03/2016	Brief amici curiae of Constitutional Law, Federal Courts, Citizenship, and Remedies Scholars filed. (Distributed).
10/03/2016	Brief amici curiae of Professors of History, Political Science, and Law filed. (Distributed)
10/03/2016	Brief amici curiae of Equality Now, et al. filed.
10/03/2016	Brief amici curiae of The National Immigrant Justice Center, et al. filed. (Distributed)
10/03/2016	Brief amicus curiae of Population and Family Scholars filed. (Distributed)
10/03/2016	Brief amici curiae of Scholars on Statelessness filed. (Distributed)
10/26/2016	Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
11/09/2016	Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Stephen A. Broome, Los Angeles, Cal.
11/15/2016	Record received from the Board of Immigration Appeals is electronic.
11/16/2016	Letter from counsel for petitioner received and distributed.
06/12/2017	Adjudged 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.
07/14/2017	JUDGMENT ISSUED.