In the case of Rogers, Attorney General, Successor to the Alien Property Custodian v. Calumet National Bank of Hammond, Substituted Trustee et al., 1958, the U.S Supreme Court was tasked with deciding whether or not a trust fund created by an American citizen for his German relatives could be seized by the government under the Trading With The Enemy Act during World War II. The court ruled in favor of Rogers (the government), stating that even though there were no explicit instructions from Congress regarding such trusts and their beneficiaries being considered "enemies", it was within their power to seize these assets as they were intended for individuals residing in enemy territory at that time. This decision upheld previous rulings which allowed seizure of property belonging to citizens living abroad who had been deemed enemies due to their location.

In the dissenting opinion for Rogers v. Calumet National Bank of Hammond, Justice Brennan disagreed with the majority's interpretation of Section 9(a) of the Trading with Enemy Act. He argued that this section does not grant authority to seize property from an American citizen who is also a national of a foreign enemy country unless it can be proven that they acted in interest or under control of such enemy during war time. In his view, interpreting otherwise would mean accepting an unconstitutional deprivation without due process and equal protection rights guaranteed by Fifth Amendment. The justice further contended that Congress did not intend to authorize seizure based solely on dual nationality status as it would lead to arbitrary and discriminatory results against U.S citizens holding dual citizenships.