U.S. Supreme Court won't hear American Samoans' bid for full citizenship - Reuters

sulionjaka.blogspot.com

• Summary
• Law firms

• American Samoa is only U.S. territory without birthright citizenship
• High court denied Samoans citizenship in early 1900s cases
• Those rulings have been criticized for racist language

(Reuters) - The U.S. Supreme Court on Monday declined to decide whether American Samoans should be granted U.S. citizenship by birthright, turning away an opportunity to revisit century-old rulings that critics say are racist.

The justices denied a petition by three American Samoans living in Utah who said their designation as U.S. nationals rather than full citizens violates the U.S. Constitution by denying them key rights such as the ability to vote, run for office, and hold certain jobs.

The 10th U.S. Circuit Court of Appeals last year disagreed, saying the Constitution does not extend full citizenship to people born in U.S. territories such as American Samoa, a group of Pacific islands with a population of about 50,000.

The 14th Amendment of the Constitution states that "all persons born ... in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

Beginning in 1901, the Supreme Court had rejected birthright citizenship for residents of U.S. territories in a series of rulings known as the "insular cases." The court in some of those cases described people living in the territories as uncivilized and unamenable to Anglo-Saxon culture.

The Biden administration in an August brief told the Supreme Court that the insular cases were "indefensible and discredited," but asked the court not to take the case because the text of the Constitution compelled the same result.

The government of American Samoa also asked the court not to take the case, saying its residents are divided over the citizenship issue and that it should be addressed through the political process and not in court.

American Samoa has been a U.S. territory since 1900. The U.S. Congress previously has decided on a territory-by-territory basis whether people born in the five overseas territories including Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands automatically become U.S. citizens. American Samoa was the only one denied birthright citizenship.

The case is Fitisemanu v. United States, U.S. Supreme Court, No. 21-1394.

For the plaintiffs: Matthew McGill of Gibson Dunn & Crutcher

For the United States: Solicitor General Elizabeth Prelogar

For American Samoa: Michael Williams of Kirkland & Ellis

Read more:

U.S. top court rejects American Samoan birthright citizenship bid

American Samoans sue U.S. seeking birthright citizenship

Rights groups urge Biden to repudiate racist U.S. Supreme Court rulings

Our Standards: The Thomson Reuters Trust Principles.

Daniel Wiessner

Thomson Reuters

Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.

Adblock test (Why?)

"hear" - Google News
October 17, 2022 at 11:13PM
https://ift.tt/gBLFWs0

U.S. Supreme Court won't hear American Samoans' bid for full citizenship - Reuters
"hear" - Google News
https://ift.tt/DRlGZzH
https://ift.tt/atkBZUv

Bagikan Berita Ini