Cite as: 523 U. S. 420 (1998)
Opinion of Stevens, J.
Thus, even if the Court were to agree that the difference in treatment between the illegitimate children of citizen fathers and citizen mothers is unconstitutional, it could not, consistent with the extremely limited judicial power in this area, see, e. g., Fiallo v. Bell, 430 U. S. 787, 792, remedy that constitutional infirmity by declaring petitioner to be a citizen or ordering the State Department to approve her application for citizenship, see INS v. Pangilinan, 486 U. S. 875, 884. This is not a case in which the Court may remedy an alleged equal protection violation by either expanding or limiting the benefits conferred so as to deny or grant them equally to all. Pp. 452-459.
Stevens, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., joined. O'Connor, J., filed an opinion concurring in the judgment, in which Kennedy, J., joined, post, p. 445. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 452. Ginsburg, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, post, p. 460. Breyer, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined, post, p. 471.
Donald Ross Patterson argued the cause and filed briefs for petitioner.
Deputy Solicitor General Kneedler argued the cause for respondent. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Edward C. DuMont, Michael Jay Singer, and John S. Koppel.*
Justice Stevens announced the judgment of the Court and delivered an opinion, in which The Chief Justice joins.
There are "two sources of citizenship, and two only: birth and naturalization." United States v. Wong Kim Ark, 169 U. S. 649, 702 (1898). Within the former category, the Fourteenth Amendment of the Constitution guarantees that every person "born in the United States, and subject to the
*Walter A. Smith, Jr., Steven R. Shapiro, Lucas Guttentag, Sara L. Mandelbaum, and Martha Davis filed a brief for the American Civil Liberties Union et al. as amici curiae urging reversal.
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