washington u.s. supreme court monday strike gender distinction u.s. immigration law treat mother father differently determine child citizenship call inequality stunningly anachronistic high court 8-0 rule author justice ruth bad ginsburg find provision federal law define people bear overseas eligible u.s. citizenship violate u.s. constitution equal protection guarantee rule however may help man bring case new york resident luis morales-santana seek avoid deportation dominican republic convict several offenses law require unwed father american citizens spend least five years live unite state 2012 amendment reduce 10 years confer citizenship child bear abroad wedlock partner u.s. citizen unwed u.s. mother situation requirement one year rule supreme court say congress revise law women men cover five-year requirement ginsburg know work gender equality become jurist write court light supreme court various rule regard equal protection guarantee since 1971 separate duration-of-residence requirements unwed mother father accept parental responsibility stunningly anachronistic arguments make defense law former president barack obama administration leave office january withstand inspection constitution require government respect equal dignity stature male female citizens ginsburg write morales-santana decease father american citizen mother father fail meet law five-year requirements 20 days lawyer stephen broome say review rule affect client morales-santana 54 bear dominican republican live legally unite state since 1975. convict several criminal offenses 1995 include two count robbery four count attempt murder u.s. government seek deport since 2000. high court split 4-4 issue 2011. july 2015 2nd u.s. circuit court appeal new york side morales-santana strike law issue say apply impermissible stereotype impose tough burden father u.s. justice department seek defend law ask high court take case case one several immigration-related theme justices time president donald trump administration purse efforts strengthen immigration enforcement supreme court invalidate gender inequality citizenship law