The Landmark Case of Afroyim v. Rusk: A Historical Insight

June 1, 2024

 

John Richardson - @Expatriationlaw

 

This podcast introduces a the oral argument in the U.S. Supreme Course in the seminal case of Afroyim v. Rusk. Afroyim has been referenced and discussed from time to time in the 16 part podcast discussing Laura Snyder's "Working Paper Series" (found on the SEAT website here).

The case was about whether Mr. Afroyim could be stripped of his U.S. citizenship for voting in an Israeli election when he was a resident but not a citizen of Israel. Interestingly, during the oral argument, the U.S. government lawyer - Charles Gordon - tried to expand the issue into whether Mr. Afroyim should have been stripped of his U.S. citizenship by later accepting Israeli nationality under Israel's "right of return" law. Fortunately, the Court did NOT allow the government to do this. Mr. Gordon was a major figure in U.S. immigration law. His 1999 death rated an article in the New York times. Interestingly the article included a reference to his involvement in the Afroyim case.as follows:

"He spent several years in private practice before joining the Immigration and Naturalization Service in 1939. He stayed for 35 years, rising to general counsel in 1966.

While at the immigration agency, Mr. Gordon argued eight cases before the Supreme Court. ''He was known as a liberal and someone in favor of a more open, fairer immigration policy,'' Mr. Roberts said, but sometimes he had to argue positions with which he disagreed.

In one such instance, three decades ago, Mr. Gordon lost the case of Afroyim v. Rusk, in which the Supreme Court ruled that a naturalized citizen cannot lose his citizenship against his will by voting in a foreign election."

 

 

Please see the following AI generated description and listen to the argument as it took place in 1967 in the Supreme Court of the United States here:

 

https://www.oyez.org/cases/1966/456

 

AI Description:

"Good evening, this is John Richardson speaking with you from Toronto, Canada. Today is June 1st, 2024. All Americans abroad will understand or should understand the significance of the 1967 U.S. Supreme Court decision in Afroyim v. Rusk. That's Afroyim v. Rusk.

Essentially, the case held that the U.S. Government could not involuntarily strip U.S. Citizens of their U.S. citizenship, a practice that continued right up until the 1986 amendments to the Immigration and Nationality Act. Afroyim was the seminal case, and it was decided in 1967. The facts revolved around Mr. Afroyim's voting in an Israeli election in 1951, despite not being a citizen of Israel.

Interestingly, today I discovered a website - Oyez.org - that replicates the exact arguments made before the Supreme Court of the United States in various decisions, including Afroyim v. Rusk. I just finished listening to it, and it is absolutely fascinating. I thought you might be interested in listening to this as well. Please click on the link in the description and enjoy yourself. It's about an hour and ten minutes and highly, highly informative.

Thanks for listening."

 

Once again, the link is here:

 

https://www.oyez.org/cases/1966/456