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ROGERS v. BELLEI

No. 24.

401 U.S. 815 (1971)

ROGERS, SECRETARY OF STATE v. BELLEI.

Supreme Court of United States.

Reargued November 12, 1970

Decided April 5, 1971

Attorney(s) appearing for the Case

Solicitor General Griswold argued the cause for appellant on the reargument. With him on the brief were Assistant Attorney General Wilson and Charles Gordon. Joseph J. Connolly argued the cause for appellant on the original argument.

O. John Rogge reargued the cause and filed a brief for appellee.

Richard N. Gardner argued the cause on the reargument for the Association of American Wives of Europeans et al. as amici curiae urging affirmance. With him on the brief were Alexis C. Coudert, Eugene L. Girden, Joseph H. Gordon, David M. Gooder, and Arlene Tuck Ulman.

James Sinclair, pro se, filed a brief as amicus curiae urging reversal.

Donald L. Ungar filed a brief for Vicente Gonzalez-Gomez as amicus curiae urging affirmance.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

Under constitutional challenge here, primarily on Fifth Amendment due process grounds, but also on Fourteenth Amendment grounds, is § 301 (b) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 236, 8 U. S. C. § 1401 (b).

Section 301 (a) of the Act, 8 U. S. C. § 1401 (a), defines those persons who "shall be nationals and citizens of the United States at birth." Paragraph...

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