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Unresolved and uncertain
The Supreme Court has yet again left unresolved the question whether people born in American Samoa are U.S. citizens, which is a disservice both to those who want recognition of a right to citizenship and those who oppose it. I continue to stand in agreement with what our traditional leaders knew to be true: that when our people transferred sovereignty to the United States they had a right to be recognized as full and equal citizens.
The Supreme Court’s inaction also leaves unresolved whether the Insular Cases remain good law. This creates uncertainty around whether and how the Constitution applies in U.S. territories. I personally believe the U.S. Constitution is broad enough to allow our customs and practices to continue. It does no one any favors for the Supreme Court to keep residents of the territories guessing on what their rights are and what is permissible under the U.S. flag.
The plaintiffs in Fitisemanu v. United States are also represented by attorneys at Gibson, Dunn, & Crutcher LLP.
Charles V. Ala’ilima (Special to the Saipan Tribune)
Charles V. Ala’ilima is a prominent American Samoan attorney who is co-counsel in Fitisemanu v. United States.
