Prior Cases

Below are a list of prior cases Equally American has been involved in that are no longer active:

  • Tuaua v. United States: In 2016, Equally American (then “We the People Project”), former Solicitor General Theodore B. Olson, and prominent American Samoan attorney Charles V. Ala'ilima sought Supreme Court review of a ruling by the D.C. Circuit in Tuaua v. United States holding that Congress may deny citizenship to persons born in U.S. territories. The D.C. Circuit’s opinion, authored by Judge Janice Rogers Brown and joined by Senior Judges Laurence H. Silberman and David B. Sentelle, broadly expanded the reach of the Insular Cases, a series of controversial decisions that have been criticized by First Circuit Judge Juan Torruella and others as creating a doctrine of “separate and unequal” status for residents of U.S. territories. An 8-Justice Supreme Court declined to review the much-criticized decision, despite seven amicus briefs filed by a diverse array of academics, former judges, current and former officials from U.S. territories, and civil rights groups. As a result, the question of whether citizenship is a constitutional right or congressional privilege for the nearly 4 million Americans living in U.S. territories remains unresolved outside the D.C. Circuit. More information about Tuaua v. United States, including case filings, is available here.
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