The Supreme Court released three new opinions this morning, slowly chipping away at the now 17 remaining cases it has to decide before the term's end two weeks from today. Chief among those three was Kerry v. Din, in which the Justices ruled that an American woman could not challenge the denial of a visa to her foreign-born husband on due process grounds.
Fauzia Din, an American citizen, had requested a visa for her husband, Kanishka Berashk, but her request was denied. The State Department refused to elaborate beyond stating that Berashk, an Afghani citizen who had been a government worker under the Taliban, had been involved in terrorist activities. Din argued that her husband's denial violated her due process rights and liberty interest in being together with her husband. The case is one of the first times the Court has taken up substantive due process in some time.