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To: philman_36
Both cases were argued on the merits of petitioners’ equal protection claims. (Not at issue here.)

Neither of the plaintiffs were granted citizenship.

Scalia, and Thomas, chose to re-iterate, and emphasize, the Court's stance on non-interference with the delegated powers of Congress to define citizenship.

160 posted on 02/15/2010 3:51:04 PM PST by browardchad ("Everyone is entitled to his own opinion, but not to his own fact." - Daniel P Moynihan)
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To: browardchad
Scalia, and Thomas, chose to re-iterate, and emphasize, the Court's stance on non-interference with the delegated powers of Congress to define citizenship.
That's right. And Congress had already defined how citizenship was defined for children born out of wedlock.
From the Opinion of the Court on the case you reference...
As an individual seeking citizenship under §1409(a) must meet all of its preconditions, the failure to satisfy §1409(a)(4) renders Nguyen ineligible for citizenship.

USC TITLE 8, CHAPTER 12, SUBCHAPTER III, Part I—Nationality at Birth and Collective Naturalization
§ 1409. Children born out of wedlock

165 posted on 02/15/2010 4:09:09 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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