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Fri Jun 18, 2021, 10:04 AM

Legal team for plaintiffs: "We are disappointed, and frankly surprised, by this result"

Denver, COLORADO — Writing for a divided panel on the U.S. Court of Appeals for the Tenth Circuit, Judge Carlos Lucero ruled that the U.S. Constitution provides no guarantee of citizenship to people born in U.S. territories, reversing a 2019 district court decision holding that the Citizenship Clause of the Fourteenth Amendment applied in states and territories alike.

Chief Judge Timothy Tymkovich wrote a short separate concurrence. Judge Robert Bacharach wrote a powerful 55-page dissent setting forth how the Constitution’s text, purpose, and history all “unambiguously” support recognizing that the Constitution’s guarantee of birthright citizenship extends to people born in U.S. territories.

“We are disappointed, and frankly surprised, by this result. Last year the Supreme Court made clear that the Insular Cases should not be expanded beyond their limited scope, yet here the Tenth Circuit did just that to deny the right of citizenship to people born in U.S. territories,” said Neil Weare, President and Founder of Equally American, which advocates for equal rights in U.S. territories and serves as co-counsel to the Fitisemanu plaintiffs. “We are considering our options moving forward in light of the Tenth Circuit’s decision to ignore the Supreme Court’s recent guidance narrowing the application of the Insular Cases in U.S. territories.”

Last June, in response to calls to overrule the Insular Cases, the U.S. Supreme Court stated in upholding the constitutionality of the Puerto Rico Oversight Board that “the Insular Cases should not be further extended,” questioning their “continued validity” and calling them “much-criticized.”

Read more: https://www.samoanews.com/local-news/legal-team-plaintiffs-we-are-disappointed-and-frankly-surprised-result

Earlier thread:
10th Circuit Reverses US District Utah Decision On American Samoan US Citizenship

https://www.democraticunderground.com/12861102

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Reply Legal team for plaintiffs: "We are disappointed, and frankly surprised, by this result" (Original post)
TexasTowelie Jun 2021 OP
Effete Snob Jun 2021 #1
iemitsu Jun 2021 #2

Response to TexasTowelie (Original post)

Fri Jun 18, 2021, 10:10 AM

1. "American Samoa culture plays role in US citizenship ruling"


https://apnews.com/article/american-samoa-cultures-government-and-politics-ecb28f949187601ae97e65ae2d7ff7de

American Samoa culture plays role in US citizenship ruling

“There is simply insufficient caselaw to conclude with certainty that citizenship will have no effect on the legal status of the fa’a Samoa,” or the American Samoan way of life, the ruling said. “The constitutional issues that would arise in the context of America Samoa’s unique culture and social structure would be unusual, if not entirely novel, and therefore unpredictable.”

Drawing on the views of the American Samoa people is one of the more gratifying aspects of the ruling, said Michael Williams, an attorney representing the American Samoa government, which intervened to oppose the lawsuit.

“It is also vindication for the principle that the people of American Samoa should determine their own status in accordance with Samoan culture and traditions,” he said.

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Response to TexasTowelie (Original post)

Fri Jun 18, 2021, 11:38 AM

2. Great. Does this mean I can choose another country to belong to?

I was born in Alaska when it was a territory. Half my siblings are in this situation too.

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