In Montana v. Kennedy, the U.S. Supreme Court ruled in 1960 that a person born abroad to an American parent and a foreign parent does not acquire U.S. citizenship if the American parent had not resided in the United States for at least ten years prior to the child's birth, with five of those years occurring after age sixteen as required by law at that time. The case involved Aldo Mario Montana who was born in Italy to an Italian father and an American mother who left America when she was twelve years old. When he applied for admission into America as a citizen, his application was denied on grounds of insufficient residency by his mother before his birth which led him to sue Attorney General Robert F Kennedy arguing that he should be considered a US citizen since his mother is one.

In the dissenting opinion for Montana v. Kennedy, Justice Hugo Black argued that the majority's interpretation of the law was incorrect and overly restrictive. He contended that Congress intended to grant citizenship to children born abroad to American parents, regardless of whether they were married at the time or if their marriage took place in a foreign country. According to Justice Black, this broad intent should override any specific requirements about where or when such marriages must take place. He also criticized the majority for relying on outdated laws and societal norms regarding legitimacy and marriage instead of focusing on more contemporary understandings of these concepts. Furthermore, he believed that denying citizenship based on these factors was unfair and discriminatory towards individuals who had no control over their parents' actions.