U.S. Supreme Court Refuses to Hear Samoa Case over Citizenship

On June 13, the U.S. Supreme Court refused to hear Tuaua v United States, 15-981. The issue was this language in the 14th amendment, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” American Samoans are not citizens of the U.S., but in this case some Samoans argued that the Constitution requires that they be considered citizens. The lower court had ruled against the Samoans. The Samoans had hired noted U.S. Supreme Court practitioner Ted Olson to handle their case in the U.S. Supreme Court, but to no avail.


Comments

U.S. Supreme Court Refuses to Hear Samoa Case over Citizenship — 2 Comments

  1. There were a handful of children born to refugees on Wake Island in the 1970’s who are in the same situation as the American Samoans, they are technically US Nationals, but not US citizens by birth. Anyone born on any of the other minor outlying islands (Midway, Johnson Atoll, ect) would also fall into the same category, but I am unaware of any such persons born on those islands in modern times.

  2. ALLEGIANCE chain via fathers — i.e. the *subject to the jurisdiction thereof* in the 14th Amdt.

    i.e. for some obvious racist reason the American Samoa folks at the time A.S. became a USA colony were NOT given the chance to become naturalized U.S.A. citizens.

    Back in time — see the naturalization language in USA treaties and laws for French folks in the LA Territory in 1803, for Spanish folks in old SW territories after the Mexican-American War, etc.

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