A case about birthright citizenship for residents of American Samoa could prompt the U.S. Supreme Court to reconsider longstanding rulings Justice Neil Gorsuch blasted as resting “on a rotten foundation.”
At issue are decisions known as the Insular Cases from the early 1900s that deprive Puerto Rico and other U.S. territories of full constitutional protections. Although the justices appear to no longer consider the decisions, which Gorsuch has previously said are based on “ugly racist stereotypes,” good law, lower federal courts continue to rely on them when dealing with U.S. territories.
The justices ruled 8-1 on April 21 in United States v. Vaello Madero that the federal government could continue to exclude Puerto Rico from a Social Security benefit program. Gorsuch joined the opinion after noting no party asked the justices to overrule the Insular Cases. Now, in a petition filed Wednesday, individuals seeking citizenship in the American Samoa case explicitly ask the court to do just that.
The American Samoa case, Fitisemanu v. United States, “is exactly the opportunity the court needs to reconsider the doctrine and overrule it,” said Columbia Law professor Christina Ponsa-Kraus.
You can find the petition at this link.