Page:Kerry v. Din.pdf/2

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Syllabus the marital relationship. Even if those cases could be so broadly construed, the relevant question is not whether the asserted interest "is consistent with this Court’s substantive-due-process line of cases," but whether it is supported by "this Nation’s history and practice," Washington v. Glucksberg, 521 U. S. 702, 723–724. Here, the Government’s long practice of regulating immigration, which has included erecting serious impediments to a person’s ability to bring a spouse into the United States, precludes Din’s claim. And this Court has consistently recognized its lack of "judicial authority to substitute [its] political judgment for that of Congress” with regard to the various distinctions in immigration policy. Fiallo v. Bell, 430 U. S. 787,798. Pp. 5–11.

, joined by, concluded that there is no need to decide whether Din has a protected liberty interest, because, even assuming she does, the notice she received satisfied due process. Pp. 1–6.

(a) This conclusion is dictated by the reasoning of Kleindienst v. Mandel, 408 U. S. 753. There the Court declined to balance the asserted First Amendment interest of college professors seeking a nonimmigrant visa for a revolutionary Marxist speaker against "Congress' 'plenary power to make rules for the admission of aliens,'" id., at 766, and limited its inquiry to whether the Government had provided a "facially legitimate and bona fide" reason for its action, id., at 770. Mandel’s reasoning has particular force here, where national security is involved. Pp. 2–3.

(b) Assuming that Din’s rights were burdened directly by the visa denial, the consular officer’s citation of §1182(a)(3)(B) satisfies Mandel’s "facially legitimate and bona fide" standard. Given Congress’ plenary power to "suppl[y] the conditions of the privilege of entry into the United States," ''United States ex rel. Knauff v. Shaughnessy'', 338 U. S. 537, 543, the Government’s decision to exclude Berashk because he did not satisfy a statutory condition for admissibility is facially legitimate. Supporting this conclusion is the fact that, by Din’s own admission, Berashk worked for the Taliban government. These considerations lend to the conclusion that there was a bona fide factual basis for exclusion, absent an affirmative showing of bad faith on the consular officer’s part, which Din has not plausibly alleged. Pp. 4–6.

, announced the judgment of the Court and delivered an opinion, in which, C. J., and , J., joined. , J., filed an opinion concurring in the judgment, in which, J., joined. , J., filed a dissenting opinion, in which, , and , JJ., joined.