United States ex rel. Knauff v. Shaughnessy, Acting District Director of Immigration and Naturali — Jackson, J…

Summary

Justice Jackson, dissenting, would hold that Congress did not clearly authorize the summary exclusion of an alien wife of an honorably discharged American serviceman without notice of the charges, disclosure of the evidence, or an opportunity to respond. He regarded secret, unreviewable exclusion as inconsistent with the War Brides Act's purpose and with fundamental fairness, and would direct the Attorney General either to disclose the evidence supporting exclusion or admit Mrs. Knauff. Justice Frankfurter, dissenting separately, concurred and emphasized that the Act's family-centered purpose should not be defeated by an expansive reading of administrative exclusion authority.