Legal team for plaintiffs: "We are disappointed, and frankly surprised, by this result"

[TexasTowelie]

Denver, COLORADO — Writing for a divided panel on the U.S. Court of Appeals for the Tenth Circuit, Judge Carlos Lucero ruled that the U.S. Constitution provides no guarantee of citizenship to people born in U.S. territories, reversing a 2019 district court decision holding that the Citizenship Clause of the Fourteenth Amendment applied in states and territories alike.

Chief Judge Timothy Tymkovich wrote a short separate concurrence. Judge Robert Bacharach wrote a powerful 55-page dissent setting forth how the Constitution’s text, purpose, and history all “unambiguously” support recognizing that the Constitution’s guarantee of birthright citizenship extends to people born in U.S. territories.

“We are disappointed, and frankly surprised, by this result. Last year the Supreme Court made clear that the Insular Cases should not be expanded beyond their limited scope, yet here the Tenth Circuit did just that to deny the right of citizenship to people born in U.S. territories,” said Neil Weare, President and Founder of Equally American, which advocates for equal rights in U.S. territories and serves as co-counsel to the Fitisemanu plaintiffs. “We are considering our options moving forward in light of the Tenth Circuit’s decision to ignore the Supreme Court’s recent guidance narrowing the application of the Insular Cases in U.S. territories.”

Last June, in response to calls to overrule the Insular Cases, the U.S. Supreme Court stated in upholding the constitutionality of the Puerto Rico Oversight Board that “the Insular Cases should not be further extended,” questioning their “continued validity” and calling them “much-criticized.”

Read more: https://www.samoanews.com/local-news/legal-team-plaintiffs-we-are-disappointed-and-frankly-surprised-result

Earlier thread:
10th Circuit Reverses US District Utah Decision On American Samoan US Citizenship
https://www.democraticunderground.com/12861102