Supreme Court of the United States
Tuan Anh Nguyen v. Immigration and Naturalization Service
June 11, 2001533 U.S. 53
Summary
The Supreme Court affirmed the Fifth Circuit, holding that 8 U.S.C. §1409(a)’s gender‑based requirements for citizenship transmission by an unwed father satisfy the Constitution’s equal‑protection guarantee. The Court applied intermediate scrutiny, found important governmental interests, and concluded the statute’s means are substantially related to those interests. Justice O’Connor’s dissent argued the statute fails heightened scrutiny; Justice Scalia’s concurrence agreed the Court lacks power to fashion a citizenship remedy.