Polites v. United States

Background

A Greek-born man who became a U.S. citizen in 1942 was sued by the federal government in 1952 to cancel his citizenship. The government alleged he had been a member of the Communist Party within ten years before his naturalization, and the trial court found by clear and convincing evidence that he had been a Party member and that the Party advocated overthrow by force. The court cancelled his certificate of naturalization. His lawyer later stipulated to dismiss his appeal with prejudice in 1954.

Reasoning

Years later the man moved to reopen the judgment under Rule 60(b), arguing that two later Supreme Court cases changed the applicable law. The Court examined whether those decisions actually altered the legal basis for his denaturalization and whether voluntary abandonment of an appeal permits reopening. The majority concluded the later cases did not control because this case turned on objective findings—membership and the Party's purpose under the 1940 law—not on proof of his personal state of mind, and therefore affirmed denial of the motion.

Real world impact

This ruling makes it difficult for people who voluntarily dropped appeals to reopen denaturalization judgments later, especially when the original judgment rests on fully litigated factual findings. The cancellation remains in effect for this individual, and the opinion does not grant a new merits hearing on the denaturalization itself.

Dissents or concurrances

Justice Brennan, joined by three Justices, would have allowed the trial court to reassess under Rule 60(b)(5) and remanded so the lower court could decide whether changed law makes the denaturalization inequitable prospectively.