DC Circuit holds the right to marriage does not include the right to live in the US with one's

[In It to Win It]

citizen spouse

Gabriel Malor
@gabrielmalor

DC Cir. holds that the right to marriage does not include the right to live in the U.S. with one's citizen-spouse.

Noncitizen and U.S. citizen wife sued over the denial of a visa.

Held: "history and practice" cuts against the claim of marital right.
Link to Opinion

Lawgeeks, there's an interesting footnote in here about whether the right to marriage (customarily found in the 14A) is also protected by the 5A.

Link to tweet

[drmeow]

1. WTF? nt

[peppertree]

2. Unless you pass the Republican 'blondness' test - then she can be an escort for all they care

The ruling reads like something out of Hitler's Nuremberg Laws - but (of course) more veiled.

[drmeow]

5. my thought was

shades of "marriage is a legal agreement between a groom and a woman's father."

[peppertree]

9. Don't they wish.

And Republican women these days are even worse then men!

[ananda]

3. I didn't know the DC Circuit was hard rightwing.

Wow

[Zeitghost]

7. So...

If Vladimir Putin marries Tara Reade, he should have a constitutional right to live in the US?

I get that's absurd, but it's the logical conclusion to a decision like that.

[Recycle_Guru]

4. taken to logical extreme, you could see why

if a young American woman traveled abroad and married a young man who had direct links to terrorist groups and was on a US watch list, her marriage is valid and protected but there is no guarantee her new husband would be granted a US visa.

[Zeitghost]

6. Not a bad decision

Marriage should certainly get you preference, but I would stop short of making it a guaranteed constitutional right. A marriage license shouldn't overrule some basic entry requirements. If you've got a mile long rap sheet of violent crimes or known terrorist ties, a marriage license shouldn't guarantee you residency in this country.

[treestar]

8. The question would be why did they not

want to grant the visa. Serious criminal cases or terrorism could prevent the person from coming to the US even if married to a US citizen. Probably rare.

[unblock]

10. "Reason to believe" he belonged to a known criminal organization

As a matter of law, I think that's a good reason to deny a visa.

As to whether or not it was a reasonable factual determination, I'm a bit skeptical, but I don't know; there may be reasonable evidence of this despite the clean rap sheet.