On June 5, the U.S. Court of Appeals, D.C. circuit, issued an opinion in Tuala v U.S.A., 13-5272. The decision agrees with the U.S. District Court decision in this case, and concludes that the Fourteenth Amendment does not mean that persons born in American Samoa are citizens. American Samoa has been a U.S. possession since 1900.

The 14th amendment says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The plaintiffs, who were born in American Samoa but mostly now live in one of the fifty states, argue that they should be recognized as citizens without having to go through naturalization. The decision rules against them, partly on the basis that the territorial government of American Samoa opposes the lawsuit. The decision says that residents of American Samoa might have good reasons to not want to be considered part of the United States. Also it points out that while the Philippines were ruled by the United States 1898-1946, most of their residents weren’t citizens either. And it mentions that Native Americans were not generally recognized as citizens of the United States, before 1924 when Congress passed a law saying they are citizens. Thanks to Rick Hasen for the link.