Kleindienst v. Mandel

408 U.S. 753, 92 S.Ct. 2576, 33 L.Ed.2d 683 (1972)

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Kleindienst v. Mandel

United States Supreme Court
408 U.S. 753, 92 S.Ct. 2576, 33 L.Ed.2d 683 (1972)

  • Written by Christopher Bova, JD
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Facts

Ernest Mandel (plaintiff) was a German author and political activist who described himself as a “revolutionary Marxist” and resided in Belgium. He was not a member of the Communist Party. Mandel visited the United States twice before unsuccessfully applying for a nonimmigrant visa to attend several conferences in the United States. He was informed that he was adjudged excludable under section 212(a)(28) of the Immigration and Nationality Act of 1952, which excludes various groups of aliens including “anarchists,” “those who advocate or teach opposition to all organized government,” and “members of any branch of the Communist Party.” The attorney general refused to grant a waiver because the attorney general believed Mandel had violated the terms of his earlier trips to the United States. Mandel and several of the professors who had invited him to the United States filed suit in federal court. The district court ruled for the plaintiffs, and the government appealed.

Rule of Law

Issue

Holding and Reasoning (Blackmun, J.)

Dissent (Douglas, J.)

Dissent (Marshall, J.)

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