Cite as: 533 U. S. 53 (2001)
Scalia, J., concurring
Congress in the exercise of its immigration and naturalization power. See, e. g., Fiallo v. Bell, 430 U. S. 787, 792-793, and n. 4 (1977) (quoting Galvan v. Press, 347 U. S. 522, 531 (1954)); 430 U. S., at 792 (quoting Oceanic Steam Nav. Co. v. Stranahan, 214 U. S. 320, 339 (1909)). These arguments would have to be considered, however, were it to be determined that § 1409 did not withstand conventional equal protection scrutiny.
V
To fail to acknowledge even our most basic biological differences—such as the fact that a mother must be present at birth but the father need not be—risks making the guarantee of equal protection superficial, and so disserving it. Mechanistic classification of all our differences as stereotypes would operate to obscure those misconceptions and prejudices that are real. The distinction embodied in the statutory scheme here at issue is not marked by misconception and prejudice, nor does it show disrespect for either class. The difference between men and women in relation to the birth process is a real one, and the principle of equal protection does not forbid Congress to address the problem at hand in a manner specific to each gender.
The judgment of the Court of Appeals is
Affirmed.
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 suit—namely, 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
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