Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Flores-Villar v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-5801 9th Cir. Nov 10, 2010
Tr.Aud.
Jun 13, 2011 4-4 Aff'd by a divided Court OT 2010

Holding: An equally divided Court affirmed the decision of the Ninth Circuit upholding, against a constitutional challenge, a citizenship-transmission statute that imposes different standards for children born out of wedlock outside of the United States depending on whether the child's mother or father is a U.S. citizen. (Kagan, J., recused).

Plain English Holding: By a vote of four to four (because Justice Kagan was recused), the Court allowed the lower court's decision to stand; that decision rejected the argument that a federal law which establishes different standards for children born out of wedlock outside of the United States to obtain U.S. citizenship, depending on whether the child's mother or father was a U.S. citizen, is unconstitutional.

Judgment: Affirmed by an equally divided Court on June 13, 2011. (Kagan, J., recused).

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