American Samoans’ appeal for U.S. citizenship rejected by Supreme Court
U.S. law declares them 'nationals, but not citizens,' which limits their participation in civic life
By THE ASSOCIATED PRESS |
PUBLISHED: October 17, 2022 at 7:54 a.m. | UPDATED: October 17, 2022 at 9:50 a.m.
WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.
In leaving in place an appeals court decision, the court also passed up an invitation to overturn a series of decisions dating back to 1901 known as the Insular Cases, replete with racist and anti-foreign rhetoric. Justice Neil Gorsuch had called for the cases to be overturned in April.
But the justices refused to take up the case — filed by three American Samoa natives now living in Utah — that argued a federal law declaring that they are “nationals, but not citizens, of the United States at birth” is unconstitutional.
A trial judge in Utah ruled in their favor. The federal appeals court in Denver then said Congress, not courts, should decide the citizenship issue. The appeals court also noted that American Samoa’s elected leaders opposed the lawsuit for fear that it might disrupt their cultural traditions.
merican Samoa is the only unincorporated territory of the United States whose inhabitants are not American citizens at birth.
Instead, those born in the cluster of islands are granted “U.S. national” status, meaning they can’t vote for U.S. president, run for office outside American Samoa or apply for certain jobs. The only federal election they can cast a vote in is the race for American Samoa’s non-voting U.S. House seat.
The Biden administration joined the American Samoa government in calling for the court to reject the appeal. Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote that “the government in no way relies on the indefensible and discredited aspects of the Insular Cases’ reasoning and rhetoric” that was highlighted in the appeal.
The Insular Cases, which arose following the Spanish-American War, dealt with the administration of overseas territories.
In their conclusion that residents of territories had some, but not all, rights under the Constitution, justices wrote in stark racial and xenophobic terms. Citizenship could not be automatically given to “those absolutely unfit to receive it,” one justice wrote.
That history prompted Gorsuch to comment in a case involving benefits denied to people who live in Puerto Rico, decided in April. He wrote that the Insular Cases were wrongly decided because they deprived residents of U.S. territories of some constitutional rights.
“It is past time to acknowledge the gravity of this error and admit what we know to be true: The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They have no place in our law,” Gorsuch wrote.
https://www.ocregister.com/2022/10/17/american-samoans-appeal-for-u-s-citizenship-rejected-by-supreme-court/