Case on birthright citizenship in US territories heads to Supreme Court
January 7, 2022 | American Samoa
Plaintiffs in Fitisemanu v. United States will take their case to the Supreme Court of the United States after the U.S. Court of Appeals for the 10th Circuit denied their petition for review by the full court earlier this week. Notably, Judges Robert Bacharach and Nancy Moritz dissented to the denial of review in a lengthy and scholarly opinion setting forth the constitutional basis for recognizing a right to citizenship for people born in U.S. territories, and the “exceptional importance” of this case. The Fitisemanu plaintiffs had initially prevailed in their case, with Judge Clark Waddoups ruling at the district court level that Congress did not have the power to deny citizenship to individuals born in U.S. territories. On appeal, a divided panel of the 10th Circuit reversed 2-1, with each judge writing a separate opinion.
“It’s rare to see a 27-page dissent to the denial of full court review, which helps show how important it is for the Supreme Court to finally answer whether people born in U.S. territories have a constitutional right to citizenship, or if Congress can extend or restrict citizenship at will,” said Neil Weare, president and founder of Equally American, which represents the Fitisemanu plaintiffs and advocates for equality and civil rights for the 3.5 million residents of U.S. territories. “The dissenting judges were quick to point out the ‘exceptional importance’ of this case, and we hope that the Supreme Court will take up and answer this question.”
“I was born on U.S. soil, have a U.S. passport, and pay thousands of dollars in taxes a year to the federal government. But based on a discriminatory federal law, I am denied recognition as a U.S. citizen. As a result, I cannot vote in state, federal, or even local elections, and I’m ineligible for many state and federal jobs. This isn’t just wrong, it’s unconstitutional,” said John Fitisemanu, who was born in American Samoa and for the past 20 years has lived in Utah. “If I have to take my case to the Supreme Court to be treated as a full and equal citizen, then that’s what I’m going to do.”..(Excerpts from the SaipanTribune)
