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Kerry v. Din
''Kerry v. Din'', , 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,〔''Kerry v. Din'', No. 13–1402, 576 U.S. ___, slip op. at 1 (2015) (Breyer, J., dissenting) (noting that Justice Scalia's plurality opinion "is not controlling"); see also ''Marks v. United States'', (holding that in plurality opinions, the narrowest concurring opinion is the controlling opinion).〕 he wrote that notice requirements “() not apply when, as in this case, a visa application is denied due to terrorism or national security concerns.”〔''Din'', slip op. at 5-6 (Kennedy, J., concurring).〕 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.〔''Din'', slip op. at 6 (Kennedy, J., concurring).〕
Writing for a plurality of the court, Justice Antonin Scalia wrote that 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.〔''Din'', slip op. at 15 (2015) (plurality opinion).〕 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.〔''Din'', slip op. at 1-2 (plurality opinion).〕 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''.〔See, e.g., Kevin Johnson, Opinion Analysis: (''Limited judicial review of consular officer visa decisions – foreshadowing the result in the same-sex marriage case?'' ) , (Jun. 15, 2015, 5:02 PM); Ruthann Robson, , (''Does Immigration Marriage Case Foreshadow Same-Sex Marriage Case?'' ) (Accessed June 15, 2015); Ian Millhiser, , (''Justice Scalia Turns Obscure Immigration Case Into A Proxy War Over Marriage Equality'' ) (Accessed June 29, 2015).〕
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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