Salomon Ledezma-Cosino v. Jefferson Sessions

We took this case en banc to decide whether the Immigration and Nationality Act’s “habitual drunkard” provision, 8 U.S.C. § 1101(f)(1), is facially unconstitutional on the theory that it violates the equal protection component of the Fifth Amendment’s Due Process Clause. I think the majority rightly rejects that challenge, but my reasons for reaching that conclusion differ.

The statutory classification at issue does not implicate a fundamental right or target a suspect class, so it is subject to rational basis review. FCC v. Beach Communications, Inc., 508 U.S. 307, 313, 113 S.Ct. 2096, 124…