Courts

SCOTUS Declines Taking Up Birthright Citizenship Case

A series of controversial early 20th-century Supreme Court rulings known as the “Insular Cases” will remain intact after justices declined to consider whether American Samoans have full U.S. citizenship at birth.

The high court’s denial was written without any noted explanation or dissent, meaning fewer than four voted to hear the appeal in the case Fitisemanu v. U.S. The lawsuit was petitioned to the justices by a group of American Samoans, challenging a slate of early 20th-century decisions that held people born in American Samoa and other unincorporated U.S. territories lack entitlement to birthright citizenship under the 14th Amendment.

Challengers of the early 1900s case won their litigation battle at a lower court level in 2019, which prompted the U.S. government to appeal to the U.S. Court of Appeals for the 10th Circuit. Read more…

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