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- Kerry v. Din, 576 U.S. 86 (2015), was a United States Supreme Court case in which the Court analyzed whether there is a constitutional right to live in the United States with one's spouse and whether procedural due process requires consular officials to give notice of reasons for denying a visa application. In Justice Anthony Kennedy's concurring opinion, the controlling opinion in this case, he wrote that notice requirements “[do] not apply when, as in this case, a visa application is denied due to terrorism or national security concerns.” Because the consular officials satisfied notice requirements, there was no need for the Court to address the constitutional question about the right to live with one's spouse. Writing for a plurality of the court, Justice Antonin Scalia wrote that there is no constitutional right to live with one’s spouse, and because Din was not denied “life, liberty, or property,” she was not entitled to due process. Justice Stephen Breyer wrote a dissenting opinion in which he argued that Din was denied liberty without due process of law, and that there is a fundamental right for spouses to “live together and to raise a family,” which enjoys basic due process protections. In the weeks following the announcement of the Court's decision, some analysts suggested the Justices' opinions in Kerry v. Din would foreshadow the outcome in Obergefell v. Hodges. (en)
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- John F. Kerry, Secretary of State, et al., Petitioners v. Fauzia Din (en)
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- Consular agents did not violate procedural due process when they did not disclose reasons for denying a visa application (en)
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- Ginsburg, Sotomayor, Kagan (en)
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- Kerry v. Din, 576 U.S. 86 (2015), was a United States Supreme Court case in which the Court analyzed whether there is a constitutional right to live in the United States with one's spouse and whether procedural due process requires consular officials to give notice of reasons for denying a visa application. In Justice Anthony Kennedy's concurring opinion, the controlling opinion in this case, he wrote that notice requirements “[do] not apply when, as in this case, a visa application is denied due to terrorism or national security concerns.” Because the consular officials satisfied notice requirements, there was no need for the Court to address the constitutional question about the right to live with one's spouse. (en)
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- (en)
- John F. Kerry,Secretary of State, et al., Petitioners v. Fauzia Din (en)
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