On May 28, 2022, the American Civil Liberties Union filed an amicus brief with the Supreme Court in a case, Fitisemanu v.
For more than 120 years, the federal government has used Insular Cases to justify discrimination against people in American territories. Based on antiquated and racist beliefs, the Insular Cases claim that the territories are “unincorporated”—their people are almost entirely Latino, Afro-Caribbean, Pacific Islander, or otherwise non-white. —to be “domestic strangers,” and alien. territories such as Oklahoma and New Mexico that Congress considered for statehood. The Insular subjects and their theory of territorial integration lead to the a la carte Constitution which gives rights to some under the administration. four corners of the US and denied to others, and the inhabitants of the territories have borne the brunt of this inequality.
On May 28, 2022, the ACLU, along with 11 co-amici representing various civil rights organizations, filed an amicus brief urging the Supreme Court to reversed the decision of the 10th circuit in Fitisemanu v. only one. The Court has repeatedly questioned the legal status of Insular cases and warned about its expansion, but the Tenth District used Insular cases to confirm that the citizens of American Samoa are not true citizens of America under the Citizenship Clause of the Fourteenth Amendment.
The brief argues that the Tenth Circuit erred by expanding the Insular Cases despite the Supreme Court’s repeated warnings not to do so, and, more importantly, that the Insular Cases were consolidated. the territory – based on the white supremacy and expressed clearly to justify the transfer of residents. in the territories of the islands-must be out of control. There is no consensus in the Court’s rejection of the Insular Case, which will continue to be used by lower courts, including the Tenth Circuit, in new and fourth cases. continued discrimination against the people of the territory. The brief urges the Court to end the Insular case.
