Justice [[John Harlan II]] dissented, joined by Justices [[Tom Clark]], [[Potter Stewart]] and [[Byron White]]. They would have upheld precedent and the constitutionality of § 401 (e) of the Nationality Act of 1940, 54 Stat. 1169. | Justice [[John Harlan II]] dissented, joined by Justices [[Tom Clark]], [[Potter Stewart]] and [[Byron White]]. They would have upheld precedent and the constitutionality of § 401 (e) of the Nationality Act of 1940, 54 Stat. 1169. |