Sessionsv.Morales-Santana
Luis Morales-Santana claimed United States citizenship through his father, who did not satisfy the longer physical-presence requirement imposed on unwed citizen fathers by the Immigration and Nationality Act. The statute imposed a shorter requirement on unwed citizen mothers. The Supreme Court held that this gender-based distinction violated the equal-protection principle recognized through the Fifth Amendment. The Court declined to extend the shorter rule to fathers as the remedy because doing so would turn the exception into the general rule and would improperly revise the statutory scheme. Instead, the longer physical-presence requirement applied prospectively to children born abroad to unwed citizen mothers until Congress adopted a constitutional uniform rule. The Court affirmed in part, reversed in part, and remanded. Justice Thomas, joined by Justice Alito, concurred in the judgment in part, agreeing that Morales-Santana could not obtain the requested citizenship remedy and that several constitutional questions were unnecessary to decide.
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