The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence.

The next day, he willingly surrendered to an army officer and was taken back to the base, where he was subsequently court-martialed, convicted of desertion, and sentenced to three years at hard labor, forfeiture of pay, and a dishonorable discharge.

In 1952, Trop applied for a US passport, which was denied because §401(g) of the Nationality Act of 1940 provided that members of the armed forces of the United States who were convicted and dishonorably discharged for wartime desertion would lose their citizenship.

Noting that "the civilized nations of the world are in virtual unanimity that statelessness is not to be imposed as punishment for crime”, the Court says that some countries allow expatriation of naturalized citizens who "engage in conduct in derogation of native allegiance".

Frankfurter notes a case was decided that very day upholding loss of citizenship as a consequence of marrying a foreigner.