Supreme Court Leaves Controversial "Insular Cases" Intact

The Supreme Court on Monday declined to consider whether American Samoans have full U.S. citizenship at birth, a dispute that would have given the justices the opportunity to repudiate past rulings suffused with racist language that helped determine that those in U.S. territories would not have the same rights as other Americans.

A group of American Samoans challenging the current law, in which people from the group of islands in the Pacific Ocean are considered U.S. “nationals” at birth but not citizens, say it is a vestige of racist policies toward territories. They say that the Justice Department, in defending the law, and an appeals court, in upholding it, relied upon the so-called “Insular Cases,” a series of long-criticized early 20th century Supreme Court rulings. The Supreme Court’s decision not to hear the case means the lower court ruling remains in place.

The challenge was brought by three American Samoans who live in Utah: John Fitisemanu, Pale Tuli, and Rosavita Tuli, as well as the Southern Utah Pacific Island Coalition, an advocacy group based in Utah.

“The subordinate, inferior non-citizen National status relegates American Samoans to second-class participation in the Republic," the challengers’ lawyers say in court papers. They note for example, that U.S. nationals cannot run for president or serve in Congress. If living in a state, they cannot vote and are barred from certain occupations.

U.S. nationals can live and work anywhere within the United States and can travel under a U.S. passport, although the challengers’ lawyers note that their passports include a statement saying “NOT A UNITED STATES CITIZEN,” which they say carries a stigma. U.S. nationals can apply for full U.S. citizenship via an expedited process.

American Samoa, with a population of around 50,000, is one of five U.S. territories, the others being Puerto Rico, Guam, the Virgin Islands and the Norther Mariana Islands. Puerto Rico, with about 3 million residents, is by the far the largest by population.

American Samoa is the only territory to which Congress has not extended birthright citizenship. No residents of territories can vote in presidential elections or elect voting members to Congress.

The Insular Cases were a series of rulings issued in the 1900s soon after the United States had acquired Puerto Rico and other territories in which the court said people in those jurisdictions did not have all the same constitutional rights as those living in the mainland.

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