Schneider v. Rusk, Secretary of State
Decided on Feb. 18, 1963; 372 US 224


I. ISSUES II. CASE SUMMARY III. AMICI CURIAE IV. DECISION V. WIN OR LOSS?
I. ISSUES:

A. Issues Discussed: Governmental Authority, Immigration and Naturalization

B. Legal Question Presented:

Can a naturalized American be deprived of his citizenship by a single-judge District Court for living abroad for more than three years, or must a three-judge court be convened?

II. CASE SUMMARY:

A. Background:

 Unavailable

B. Counsel of Record:
ACLU Side
(Petitioner/Appellant)
Opposing Side
(Respondent/Appellee)
Unavailable Unavailable
C. The Arguments:
ACLU Side
(Petitioner/Appellant)
Opposing Side
(Respondent/Appellee)
Unavailable Unavailable
III. AMICI CURIAE:
ACLU Side
(Petitioner/Appellant)
Opposing Side
(Respondent/Appellee)
Unavailable Unavailable

IV. THE SUPREME COURT'S DECISION:

"Trial of this case should have been before a three-judge District Court, as petitioner requested. Her complaint explicitly sought an 'injunction restraining the enforcement, operation or execution of...[an] Act of Congress' - 352 (a) (1) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1484 (a) (1), which provides that a naturalizedAmerican citizen shall lose his nationality by 'having a continuous residence for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated...'"

Judgment vacated and case remanded to District Court.

Justice Vote: 9 Pro vs. 0 Con

Unavailable
V. A WIN OR LOSS FOR THE ACLU?

The ACLU filed as amicus in support of the petitioner; the Supreme Court vacated the ruling of Court of Appeals for the District of Columbia Circuit in a 9-0 vote, giving the ACLU an apparent win.