John F. Kerry, Secretary of State, et al., v. Fauzia Din

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: January 20, 2015

What's at Stake

Whether a U.S. citizen can obtain judicial review of a consular decision to deny her spouse a visa.

Summary

The Supreme Court ruled in 1972 that a U.S. citizen can challenge the government’s denial of a visa to an invited foreign speaker to determine if it is supported by a “facially legitimate and bona fide reason.” The question in this case is whether the same judicial review is available to a U.S. citizen challenging the exclusion of a non-citizen spouse on national security grounds. The ACLU submitted an amicus brief supporting judicial review and pointing out the critical role it has played in limiting unlawful ideological exclusions.

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