He then sued in federal district court , with his lawyer agreeing to a stipulation that Afroyim had in fact voted in Israel .
He then arguing that the statute under which this action had resulted in his losing his citizenship was unconstitutional .
He then sued in federal district court , with his lawyer agreeing to a stipulation that Afroyim had in fact voted in Israel , but arguing that the statute under which this action had resulted in his losing his citizenship was unconstitutional .