https://sputnikglobe.com/20221017/justices-are-silent-us-supreme-court-refuses-to-hear-case-on-american-samoans-full-citizenship-1101987768.html
'Justices Are Silent': US Supreme Court Refuses to Hear Case on American Samoans’ Full Citizenship
'Justices Are Silent': US Supreme Court Refuses to Hear Case on American Samoans’ Full Citizenship
Sputnik International
Located in the South Pacific Ocean, American Samoa has been an unincorporated territory of the US since 1900, and is the only US territory where birthright... 17.10.2022, Sputnik International
2022-10-17T21:52+0000
2022-10-17T21:52+0000
2022-10-17T21:51+0000
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The US Supreme Court declined on Monday to take up a case calling for justices to rule on whether individuals born in American Samoa are entitled to birthright citizenship under the 14th Amendment. The denial was issued without an explanation or breakdown on the court’s vote.Since 1901, the Supreme Court has rejected claims for birthright citizenship for US territories via a series of decisions known as the “insular cases.” The rulings allow the US to treat people living in US territories differently than other Americans, denying them the same rights under the US Constitution.Both the Justice Department and the American Samoan government asked the Supreme Court not to hear the case on the grounds that, should American Samoans desire to change the status quo, they should do so through political processes, not judicial ones.Lawyers for the territory’s government said in a statement that the people of American Samoa appreciate their “unique political status,” which allows them to preserve “fa’a Samoa,” their traditional culture.Some American Samoans fear that if they were granted birthright citizenship, they’ll lose their indigenous land rights and political systems. But others, including the three plaintiffs, who live in Utah, want to be free from the stigma that’s printed on their US Passports: NOT A US CITIZEN.Neil Weare, a lawyer for lead plaintiff John Fitisemanu, underscored in a recent statement that the high court’s decision to reject the case “continues to reflect that ‘Equal Justice Under Law’ does not mean the same thing for the 3.6 million residents of US territories as it does for everyone else.”Fitisemanu and company initially won their first legal challenges in 2019; however, a later appeal filed by the US and the government of American Samoa saw a panel of judges rule that the “insular cases” ruling was still valid even though such cases appeared to be “racist” and “disreputable.” The US Court of Appeals for the 10th Circuit has stated that only Congress has the authority to grant citizenship to those born in US territories.The court’s Monday decision to not hear the case involving American Samoan citizenship comes months after civil rights groups pressured the Biden administration to disavow the “insular cases” in a move aimed at extending Supplemental Security Income (SSI) benefits to Puerto Ricans. In April, the Supreme Court upheld Congress’s ability to deny SSI benefits to residents of Puerto Rico.Justice Sonia Sotomayor, the only dissenting justice from the April ruling, wrote in her dissent that the “[insular cases] were premised on beliefs both odious and wrong,” and Associate Justice Neil Gorsuch, in a separate opinion, asked the court to use an appropriate ruling to reconsider the cases, noting their “shameful” flaws in legal reasoning. In some of the rulings, the court described people living in the territories as “uncivilized” and “inhabited by alien races” who might not adhere to “Anglo-Saxon principles.”
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supreme court, american samoa, birthright citizenship, citizenship
supreme court, american samoa, birthright citizenship, citizenship
'Justices Are Silent': US Supreme Court Refuses to Hear Case on American Samoans’ Full Citizenship
Located in the South Pacific Ocean, American Samoa has been an unincorporated territory of the US since 1900, and is the only US territory where birthright citizenship isn’t granted. Non-citizen US nationals are prohibited from holding federal office and voting in federal elections, which plaintiffs feel violates their Constitutional rights.
The US Supreme Court declined on Monday to take up a case calling for justices to rule on whether individuals born in American Samoa are entitled to birthright citizenship under the 14th Amendment. The denial was issued without an explanation or breakdown on the court’s vote.
Since 1901, the Supreme Court has rejected claims for birthright citizenship for US territories via a series of decisions known as the “insular cases.” The rulings allow the US to treat people living in US territories differently than other Americans, denying them the same rights under the US Constitution.
Both the Justice Department and the American Samoan government asked the Supreme Court not to hear the case on the grounds that, should American Samoans desire to change the status quo, they should do so through political processes, not judicial ones.
Lawyers for the territory’s government said in a
statement that the people of American Samoa appreciate their “unique political status,” which allows them to preserve “fa’a Samoa,” their traditional culture.
“The American Samoan people have not yet reached consensus on whether to accept the privileges and responsibilities of birthright citizenship — but they firmly believe that any decision on birthright citizenship for American Samoa should come through the democratic process,” the lawyers added.
Some American Samoans fear that if they were granted birthright citizenship, they’ll lose their indigenous land rights and political systems. But others, including the three plaintiffs, who live in Utah, want to be free from the stigma that’s printed on their US Passports: NOT A US CITIZEN. Neil Weare, a lawyer for lead plaintiff John Fitisemanu, underscored in a recent statement that the high court’s decision to reject the case “continues to reflect that ‘Equal Justice Under Law’ does not mean the same thing for the 3.6 million residents of US territories as it does for everyone else.”
“The Supreme Court in recent years has not hesitated to rule in ways that harm residents of US territories,” he continued. “But when asked to stand up for the rights of people in the territories – even the basic right to citizenship – the justices are silent.”
Fitisemanu and company initially won their first legal challenges in 2019; however, a later appeal filed by the US and the government of American Samoa saw a panel of judges rule that the “insular cases” ruling was still valid even though such cases appeared to be “racist” and “disreputable.” The US Court of Appeals for the 10th Circuit has stated that only Congress has the authority to grant citizenship to those born in US territories.
The court’s Monday
decision to not hear the case involving American Samoan citizenship comes months after civil rights groups
pressured the Biden administration to disavow the “insular cases” in a move aimed at extending Supplemental Security Income (SSI) benefits to Puerto Ricans. In April, the Supreme Court upheld Congress’s ability to
deny SSI benefits to residents of Puerto Rico.
Justice Sonia Sotomayor, the only dissenting justice from the April ruling, wrote in her dissent that the “[insular cases] were premised on beliefs both odious and wrong,” and Associate Justice Neil Gorsuch, in a separate opinion, asked the court to use an appropriate ruling to reconsider the cases, noting their “shameful” flaws in legal reasoning. In some of the rulings, the court described people living in the territories as “uncivilized” and “inhabited by alien races” who might not adhere to “Anglo-Saxon principles.”
