Fitisemanu v. United States
2021 US federal legal case / From Wikipedia, the free encyclopedia
Fitisemanu v. United States (Docket 21–1394) was a case in which the Supreme Court of the United States was asked to consider if the Insular Cases should be overturned and whether people living in American territories such as American Samoa are guaranteed birthright citizenship under the Fourteenth Amendment to the United States Constitution.[1]
Fitisemanu v. United States | |
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Court | United States Court of Appeals for the Tenth Circuit |
Decided | December 27 2021 |
Holding | |
People born in American Samoa are not entitled to birthright citizenship under the Fourteenth Amendment to the United States Constitution |
The petition for certiorari was filed six days after Justice Neil Gorsuch called, in a concurring opinion to United States v. Vaello Madero, for the Insular Cases to be overturned in "an appropriate case." He wrote that the Insular Cases are "shameful," "have no foundation in the Constitution and rest instead on racial stereotypes," and "deserve no place in our law."[2]
The Supreme Court discussed the case in their conference of October 14, 2022, and decided to deny certiorari.[3]