Department of State v. Muñoz: Eyes Wide Shut—Obliterating Marital Liberty Interests By Pretending They Never Existed

Elizabeth Harnish-Nisly

In Department of State v. Muñoz, the Supreme Court considered a Fifth Amendment Due Process challenge. Sandra Muñoz, a U.S. citizen, alleged that her marital liberty interest was infringed without due process of law when her husband’s visa application was denied with little explanation. Rather than deciding whether Muñoz received the process she was due, the Court decided the case on broader grounds, upending precedent to determine that U.S. citizens do not possess a liberty interest in the visa proceedings of their spouses. The Court’s decision was incorrect for many reasons—first and foremost, it applied the wrong legal standard, rendering its analysis irrelevant and mistaken throughout. However, even assuming the Court chose the correct legal standard, it made crucial errors in its history and tradition analysis and its ignorance of the Marks v. United States rule, thus failing to conclude that Muñoz should have won even under its stricter test. Finally, the Court ignored the destructive impact its sweeping decision will have on family unity.