[ Kennedy ]
[ Scalia ]
[ OConnor ]
TUAN ANH NGUYEN and JOSEPH BOULAIS,
PETITIONERS v. IMMIGRATION AND
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 11, 2001]
Justice Scalia, with whom Justice Thomas joins, concurring.
I remain of the view that the Court lacks power to provide relief of the sort requested in this suitnamely, conferral of citizenship on a basis other than that prescribed by Congress. See Miller v. Albright, 523 U.S. 420, 452 (1998) (Scalia, J., concurring in judgment). A majority of the Justices in Miller having concluded otherwise, see id., at 423 (opinion of Stevens, J., joined by Rehnquist, C. J.); id., at 460 (Ginsburg, J., joined by Souter and Breyer, JJ., dissenting); id., at 471 (Breyer, J., joined by Souter and Ginsburg, JJ., dissenting); and a majority of the Court today proceeding on the same assumption; I think it appropriate for me to reach the merits of petitioners equal protection claims. I join the opinion of the Court.