Equally American Blog

  • Judge Rules Excluding Guam Residents from SSI Benefits is Unconstitutional

    On Friday, a federal judge ruled in Schaller v. U.S. Social Security Administration that the exclusion of Guam residents from the federal Supplemental Security Income (SSI) benefits program for the blind, elderly, and disabled constitutes unconstitutional discrimination.  The decision, if upheld on appeal, would mean that Katrina Schaller, a resident of Guam who suffers from a debilitating genetic disorder, would receive the same federal SSI benefits as her twin sister, Leslie, who lives in Pennsylvania and receives $755/month in SSI payments. Leslie has filed a companion case in Pennsylvania, wanting to be able to visit her family on Guam for more than thirty days or move to Guam without loss of her benefits.

  • Equally American Calls on Congressional Leaders to Reject Insular Cases Following Supreme Court Inaction

    On Wednesday, the civil rights advocacy group Equally American urged Congressional leaders to take action to reject the Insular Cases after the Supreme Court failed to do so earlier this week in its decision upholding Puerto Rico’s undemocratic PROMESA Oversight Board.

     

  • Supreme Court Sidesteps “Insular Cases,” Hints At Future Action

    On Monday, the United States Supreme Court upheld the constitutionality of Presidential appointments to Puerto Rico’s PROMESA Oversight Board, but failed to use the opportunity to overrule the Insular Cases.  Justice Stephen Breyer wrote for the seven-Justice majority, which reversed a unanimous decision by the First Circuit Court of Appeals and held that the President is not required to obtain the advice and consent of the Senate when appointing members to the Board because they are not “officers of the United States” for the purposes of Article II of the United States Constitution.

  • Six Amicus Briefs Filed in Support of Citizenship in U.S. Territories

    Plaintiffs in Fitisemanu v. United States have received a major boost in the form of six separate amicus briefs filed in support of their claim that people born in U.S. territories have a constitutional right to U.S. citizenship. Last December, a federal district court in Utah issued a landmark ruling in their favor. Earlier this year the United States and American Samoa appealed that decision to the U.S. Court of Appeals for the Tenth Circuit, arguing it is Congress, not the Constitution, that answers the question of citizenship for people born in U.S. territories.

  • Equally American Supports the Insular Area Medicaid Parity Act

    Equally American sent letters today to the Chair and Ranking Member of the House Energy & Commerce Committee in support of the Insular Area Medicaid Parity Act, H.R. 6495, which seeks to eliminate the general Medicaid funding limitations for Territories of the United States. 

  • American Bar Association Supports Birthright Citizenship in U.S. Territories

    The American Bar Association’s House of Delegates passed a resolution Monday supporting an interpretation of the Citizenship Clause of the Fourteenth Amendment to the United States Constitution that recognizes all persons born in the territories as natural-born citizens of the United States.

 
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