United States v. Bhagat Singh Thind

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Joe says:

    “It is very far from our thought to suggest the slightest question of racial superiority or inferiority.”

    That’s something at least.

  2. Jack Chin says:

    Very interesting post. But it was not the elimination of the National Origins Quota System that allowed South Asian and other Asian immigration post-1965, it was the repeal of the Asian exclusion laws which differed from the quota system in origin and operation.

  3. Joe says:

    He personally did eventually become a U.S. citizen pursuant to his service during WWWI.


    The aftermath of Supreme Court decisions is an interesting subject. It often turns out that on a personal level, the litigant eventually received what was sought, at times on state grounds.

  4. Sykes Five says:

    Hundreds of South Asian immigrants similar to Mr. Thind had been naturalized prior to the decision. In consequence of the decision, many of these persons were denaturalized in subsequent proceedings. Of these, some numbers were men who had married American citizens. Those women lost any claim of citizenship in consequence of their husbands’ denaturalization and became truly stateless.