The majority wanted to cut back the constitutional right to marry, so it weaponized this case as a cudgel against that right.
Photo illustration by Slate. Photos by Alex Wong/Getty Images and Collection of the Supreme Court of the United States via Getty Images.The Supreme Court dealt a blow to the fundamental rights of married couples on Friday in an important and ominous immigration case,.
Well, to start, the majority ruled against Muñoz. Barrett wrote that, no, you do not have a right to be given the reason for your spouse’s visa denial. The majority could have stopped there, but it didn’t. Instead, for the first time ever, it held that there is in fact no liberty interest under the Constitution for an American citizen “to live with her spouse in her country of citizenship.” The State Department could do anything it wanted because there was no constitutional right at play.
It’s worth noting that the court didn’t even need to get into this discussion of marital rights, correct? Justice Gorsuch has an uncharacteristically restrained, un-Gorsuch-y concurrence saying his conservative colleagues didn’t need to get that far.it denied the visa. It gave her what she asked for! Now, that reason is dubious: The government claimed he had gang tattoos, which doesn’t appear to be true, and she contests it.
But the majority was hungry to go further, as Justice Sotomayor said in her dissent. The majority wanted to cut back the constitutional right to marry, so it weaponized this case as a cudgel against that right, rather than practicing judicial restraint.Let’s walk through the Sotomayor dissent, because it reads like an elegy for something that isn’t gone yet.
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