High Court of American Samoa
The United States of America is a far flung empire. Established by settlement and conquest, some of the conquered territory (the fifty states) afford citizenship to those born within the territory. But thanks to the Insular Cases territories are treated differently. The racist history of the territories seized by our defeat of Spain has been detailed by Gustavo Gelpi, a U.S. District Judge in Puerto Rico. Sometimes that citizenship is compromised (Puerto Rico), others granted citizenship by act of Congress (Hawaii) . But in the case of American Samoa it is denied, though its people are declared to be U.S. "nationals".
Inspired in part by a recent opinion by Neil Gorsuch in U.S. v. Madero (denying P.R. citizens SSI benefits) saying the Insular Cases should be reversed, American Samoans have sought an extension of time to petition for certification of of an adverse en banc decision of the Eleventh Circuit.
Among the incidents of their status is that the territory has no United States District Court.
This case presents the important question whether persons born in U.S.
Territories are is entitled to American citizenship by birth. The Fourteenth
Amendment’s Citizenship Clause declares that those born “in the United States, and
subject to the jurisdiction thereof, are citizens of the United States.” U.S. Const.
amend. XIV, § 1. But a federal statute purports to deny birthright citizenship to persons born in the U.S. Territory of American Samoa, declaring them to be
“nationals, but not citizens, of the United States.” 8 U.S.C. § 1408(1)
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