October Term 2010 · Docket 09-5801
Does Congress receive less deference when defining nationality than when admitting aliens?
The dispute centers on whether the government may treat fathers and mothers differently when transmitting citizenship to children born abroad.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the side that brought the case's counsel argued the statute relies on outdated assumptions about parental roles.
The government's counsel argued Congress must consider many factors when deciding who becomes a citizen.
Justices questioned whether the distinction between fathers and mothers is based on biology or stereotype.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 39-45 — Transcript, file page 10, lines 39-45
- Official Supreme Court Transcript — file page 11, lines 15-23 — Transcript, file page 11, lines 15-23
- Official Supreme Court Transcript — file page 11, lines 31-33 — Transcript, file page 11, lines 31-33
- Official Supreme Court Transcript — file page 11, lines 43-49 — Transcript, file page 11, lines 43-49
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 4, lines 21-21 — Transcript, file page 4, lines 21-21
- Official Supreme Court Transcript — file page 4, lines 29-37 — Transcript, file page 4, lines 29-37
- Official Supreme Court Transcript — file page 4, lines 9-17 — Transcript, file page 4, lines 9-17
- Official Supreme Court Transcript — file page 5, lines 11-19 — Transcript, file page 5, lines 11-19
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 7, lines 27-41 — Transcript, file page 7, lines 27-41
- Official Supreme Court Transcript — file page 8, lines 13-29 — Transcript, file page 8, lines 13-29
- Official Supreme Court Transcript — file page 9, lines 9-17 — Transcript, file page 9, lines 9-17
A citizen's guide to the whole case
What this case is about
The case tests a statute that requires fathers to take extra steps to pass citizenship to children born outside the U.S. the side that brought the case argues this rule violates equal protection. The government argues the rule reflects biological realities and congressional judgment.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
How the case got here
The Supreme Court heard oral argument in this case on November 10, 2010.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
What each side wants
the side that brought the case wants the Court to strike down the citizenship statute as unconstitutional.
The government wants the Court to uphold the statute as a valid exercise of congressional power.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
What each side says
the side that brought the case argues the statute relies on gender stereotypes rather than legitimate biological differences.
The government argues the statute reflects Congress's broad authority to define who becomes a national.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
What the justices asked
Justice Kennedy asked if the side that brought the case wants the Court to say Congress gets less deference on nationality than on admission.
Justice Scalia asked what separates a stereotype from a reality regarding parental care of illegitimate children.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 39-45 — Transcript, file page 10, lines 39-45
- Official Supreme Court Transcript — file page 11, lines 15-23 — Transcript, file page 11, lines 15-23
- Official Supreme Court Transcript — file page 11, lines 31-33 — Transcript, file page 11, lines 31-33
- Official Supreme Court Transcript — file page 11, lines 43-49 — Transcript, file page 11, lines 43-49
- Official Supreme Court Transcript — file page 4, lines 21-21 — Transcript, file page 4, lines 21-21
- Official Supreme Court Transcript — file page 4, lines 29-37 — Transcript, file page 4, lines 29-37
- Official Supreme Court Transcript — file page 4, lines 9-17 — Transcript, file page 4, lines 9-17
- Official Supreme Court Transcript — file page 5, lines 11-19 — Transcript, file page 5, lines 11-19
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 7, lines 27-41 — Transcript, file page 7, lines 27-41
- Official Supreme Court Transcript — file page 8, lines 13-29 — Transcript, file page 8, lines 13-29
- Official Supreme Court Transcript — file page 9, lines 9-17 — Transcript, file page 9, lines 9-17
Why it matters
The outcome defines the scope of congressional power over citizenship. It determines how the government treats parents of children born abroad. It shapes the legal standard for gender-based distinctions in nationality laws.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 39-45 — Transcript, file page 10, lines 39-45
- Official Supreme Court Transcript — file page 11, lines 15-23 — Transcript, file page 11, lines 15-23
- Official Supreme Court Transcript — file page 11, lines 31-33 — Transcript, file page 11, lines 31-33
- Official Supreme Court Transcript — file page 11, lines 43-49 — Transcript, file page 11, lines 43-49
- Official Supreme Court Transcript — file page 3, lines 7-17 — Transcript, file page 3, lines 7-17
- Official Supreme Court Transcript — file page 4, lines 21-21 — Transcript, file page 4, lines 21-21
- Official Supreme Court Transcript — file page 4, lines 29-37 — Transcript, file page 4, lines 29-37
- Official Supreme Court Transcript — file page 4, lines 9-17 — Transcript, file page 4, lines 9-17
- Official Supreme Court Transcript — file page 5, lines 11-19 — Transcript, file page 5, lines 11-19
- Official Supreme Court Transcript — file page 6, lines 7-11 — Transcript, file page 6, lines 7-11
- Official Supreme Court Transcript — file page 7, lines 27-41 — Transcript, file page 7, lines 27-41
- Official Supreme Court Transcript — file page 8, lines 13-29 — Transcript, file page 8, lines 13-29
- Official Supreme Court Transcript — file page 9, lines 9-17 — Transcript, file page 9, lines 9-17
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
- Official Supreme Court Transcript — file page 26, lines 37-15 — Transcript, file page 26, lines 37-15
- Official Supreme Court Transcript — file page 3, lines 19-7 — Transcript, file page 3, lines 19-7
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.