not personally take up arms. Two years later, her second interview was called and she explained in detail that defending the country did not necessarily require her physical action, but instead could be a verbal or written defense of principles. She was also questioned about her atheism, her views of nationalism, and her commitment to pacifism. Schwimmer responded that faith was a personal choice and in line with the idea of separation of church and state. She also stated that nationalism was a choice, that she had given up her Hungarian citizenship to pursue U.S. naturalization, and she reiterated that she would not compromise her pacifism. After the interview, Schlotfeldt advised the United States District Court for the Northern District of Illinois that Schwimmer qualified for citizenship, but that she might have mental reservations about taking an oath of allegiance. Her case was called on 13 October 1927 with Judge George A. Carpenter presiding. The pivotal question in her hearing was asked by Carpenter: Her application was denied solely on the basis that Schwimmer refused to take up arms in defense of the country. On the advice of her attorneys and Judge Carpenter, she immediately appealed the decision. Notoriety and negative publicity made it difficult for her to earn a living or support her mother and sister, who lived with her. She spent most of her remaining life fighting slander against her. After Fred Marvin, a Republican and anti-radical who was editor of the New York Daily Commercial, accused her of being a German spy and a Bolshevik agent, she sued and received $17,000 in damages in July 1928. The following day, her case in the United States Court of Appeals for the Seventh Circuit on her denial of citizenship was unanimously overturned, concluding that "women are considered incapable of bearing arms" and thus could not be forced under the law to do so. Acting Secretary of Labor, Robe Carl White, Attorney General John G. Sargent, and the Acting Solicitor General Oscar Raymond Luhring were asked to review the decision for the Commissioner of Naturalization to determine if a petition for review should be sent to the US Supreme Court. Believing that Schwimmer's influence as a writer and public speaker could sway others to refuse to perform military service, Luhring and Sargent examined the court records, but were unable to find any point of law on which to base a