The Supreme Court’s Dubious Use of History in Department of State v. Munoz

Source: The Volokh Conspiracy
by Ilya Somin

“In its important recent immigration decision in Department of State v. Munoz, the Supreme Court ruled there are virtually no constitutional limits on the federal government’s power to bar non-citizen spouses of American citizens from entering the country. In the process, Justice Amy Coney Barrett’s majority opinion (written on behalf of herself and the five other conservative justices) commits serious errors in historical analysis, and violates Justice Barrett’s own well-taken strictures about the appropriate use of history in constitutional analysis.” (06/24/24)

https://reason.com/volokh/2024/06/24/the-supreme-courts-dubious-use-of-history-in-department-of-state-v-munoz/