This distinction between unwed American fathers and American mothers was constructed and reaffirmed by Congress out of concern that a flood of illegitimate Korean and Vietnamese children would later claim American citizenship as a result of their parentage by American servicemen overseas fighting wars in their countries. In many cases, American servicemen passing through in wartime may not have even learned they had fathered a child. In 1998, the Supreme Court upheld the discriminatory provisions of section 1409 in "Miller v. Albright" in a 6-3 decision which held that a woman's ties to a child are biological, but a father's ties to a child are a legally constructed choice. In 2001, the Supreme Court, by 5–4 majority in "Nguyen v. INS", reaffirmed the constitutionality of this gender distinction.