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Cases

‘THE (Cuban) embargo.’ 

Rockwell Kent &.Walter Briehl vs. John Foster Dulles, June 16, 1958.

The Court upheld the citizen’s right to travel when it held, ‘The right to travel is a part of the liberty of which a citizen can’t be deprived without due process of the law under the 5 th Amendment.’


Zemel vs. Rusk, May 3, 1963.

The Court refused to order the State Department to not validate a passport for travel to Cuba. However, in 1978, Congress remedied Zemel vs. Rusk by legislating that there should be ‘ no geographic limitation(s) for passports except in time of war or other danger to the traveler.’


U.S. vs. Lamb, January 10, 1967.

The Court upheld a Federal District Court’s decision on May 5, 1978 that legalized travel to Cuba for U.S. citizens… as long as they followed ‘Treasury Department Regulations regarding the exchange of money.’


Regan vs. Wald, May 16, 1983.

The First U.S. Circuit Court of Appeals in Boston unanimously ruled U.S. restrictions on travel to Cuba invalid. They ordered the District Judge to issue a preliminary injunction against the government regarding the Cuban Regulations. However, on July 6, 1978, the Supreme Court granted the Reagan Administration’s request for a stay in Regan vs. Wald. All travel restrictions were left in effect until the entire court would decide whether to hear a full appeal. On June 28, 1984, in a 5 to 4 decision, The Court upheld the Treasury Department’s Regulations on Cuban travel. The opinion was based on grounds they were a part of ‘THE embargo’ rather than political control of the right to travel.