Schneider v. Rusk

Schneider v. Rusk
Argued April 2, 1964
Decided May 18, 1964
Full case nameSchneider v. Rusk
Citations377 U.S. 163 (more)
84 S. Ct. 1187; 12 L. Ed. 2d 218; 1964 U.S. LEXIS 1275
Case history
PriorJudgment for defendant, 218 F. Supp. 302 (D.D.C. 1963); probable jurisdiction noted, 375 U.S. 893 (1963).
SubsequentNone
Holding
Naturalized U.S. citizens have the right to return to and reside in their native countries, and retain their U.S. citizenship, even if they never return to the United States.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
MajorityDouglas, joined by Warren, Black, Stewart, Goldberg
DissentClark, joined by Harlan, White
Brennan took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. V

Schneider v. Rusk, 377 U.S. 163 (1964), was a 5–3 United States Supreme Court case that invalidated a law that stripped naturalized Americans of their citizenship as a result of extended or permanent residence abroad. Relying on the due process clause of the Fifth Amendment, the court ruled it generally was unconstitutional to treat naturalized and natural-born citizens differently.[1]

  1. ^ Schneider v. Rusk, 377 U.S. 163 (1964).

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