HAGATNA (AP) — Guam officials have filed briefs supporting a petition seeking to have the U.S. Supreme Court review a case challenging how birthright citizenship is applied to American territories.
HAGATNA (AP) — Guam officials have filed briefs supporting a petition seeking to have the U.S. Supreme Court review a case challenging how birthright citizenship is applied to American territories.
Guam Delegate Madeleine Bordallo, Vice Speaker Benjamin Cruz and former governors Felix Camacho, Carl Gutierrez and Joseph Ada filed briefs March 2 in support of a petition asking for a review of Tuaua v. United States, The Pacific Daily News reported Wednesday (https://bit.ly/1pfvPWI ).
The case was filed in July 2012 and dismissed by federal Judge Richard Leon for the District of Columbia the following year. In 2015, a panel of judges upheld Leon’s dismissal.
The 14th Amendment grants citizenship to anybody born in the U.S., which courts have decided to mean the 50 states and not the territories.
“Birthright citizenship for Americans living in the territories is a right that should be guaranteed by the U.S. Constitution, not the U.S. Congress,” Bordallo said. “Our people have one of the highest rates of military service, and we have consistently demonstrated our patriotism and loyalty to the United States. I hope the Supreme Court will affirm our belief that Americans in the territories have the same right to equal citizenship as Americans in the 50 states.”
The petition asking the high court to hear the case was submitted in February on behalf of a group of individuals with U.S. passports who were born in American Samoa and denied recognition as U.S. citizens.
Neil Weare, the plaintiff’s attorney, first announced in December the group’s request for a review of the case. Briefs in support of the petition have also been filed by citizenship scholars, scholars of constitutional law and legal history, civil organizations and retired judges, Weare said in a news release.
“We are hopeful the diverse array of individuals and organizations supporting the case will encourage the Supreme Court to grant review,” Weare said.