The question
Whether a U.S. citizen has a fundamental liberty interest, protected by due process, in having her noncitizen spouse admitted to the United States.
Department of State v. Munoz
What the Court decided
The Court reversed the Ninth Circuit and held against Sandra Munoz. A U.S. citizen has no fundamental liberty interest in her noncitizen spouse being admitted to the country. Because the asserted right to reside with a noncitizen spouse in the United States is not deeply rooted in the Nation's history and tradition under the Glucksberg inquiry, the citizen could not invoke due process to obtain judicial review of the consular officer's visa denial.
How the justices split
6-3The Court's opinion
Barrett, joined by Roberts, Thomas, Alito, Kavanaugh
Applying the doctrine of consular nonreviewability, the Court held that a consular officer's decision to admit or exclude a noncitizen is final and not subject to judicial review. The citizen could obtain review only by asserting that the visa denial violated her own constitutional rights. Under the two-step Glucksberg inquiry, the right she claimed, to reside in the United States with her noncitizen spouse, is not deeply rooted in the Nation's history and tradition, so no fundamental liberty interest was at stake and no due process attached.
Concurring in the judgment
Gorsuch, writing alone
Agreed with the outcome that Munoz could not obtain relief but did not join the Court's reasoning.
Dissenting
Sotomayor, joined by Kagan, Jackson
Dissented from the Court's conclusion that the citizen had no protected liberty interest in living with her spouse in her country of citizenship.
How we know · 5 sourced claims
The Court held that a U.S. citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.
Source: syllabus, Held
Under the doctrine of consular nonreviewability, an executive officer's decision to admit or exclude a noncitizen is final and not subject to judicial review in federal court.
Source: syllabus, Held
To identify an unenumerated right, the Court followed the two-step Glucksberg inquiry, which protects only rights deeply rooted in the Nation's history and tradition.
Source: syllabus, Held
Justice Barrett delivered the opinion of the Court, joined by Roberts, Thomas, Alito, and Kavanaugh.
Source: syllabus, lineup
Justice Sotomayor filed a dissenting opinion joined by Kagan and Jackson, and Justice Gorsuch filed an opinion concurring in the judgment.
Source: syllabus, lineup