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Various authorities have listed what they consider are the legitimate constituents of the Insular Cases. Juan R. Torruella, a judge on the U.S. Court of Appeals for the First Circuit (the federal appeals court with jurisdiction over the Federal Court for the District of Puerto Rico), considers that the landmark decisions consist of six fundamental cases only, all decided in 1901: "strictly ...
The Insular Cases were a series of rulings issued in the 1900s, soon after the U.S. had acquired Puerto Rico and other territories, in which the court said people in those jurisdictions did not ...
In Section III, Sotomayor describes how even assuming rational basis review, a "deferential" but not "toothless" standard, the decision to exclude Puerto Rico residents from SSI is impermissible. She also notes her agreement with Justice Gorsuch that the Court should consider overruling the Insular Cases in the future. [28]
The case is most notable for Footnote Four, in which Stone wrote that the Court would exercise a stricter standard of review when a law appears on its face to violate a provision of the United States Constitution, restricts the political process in a way that could impede the repeal of an undesirable law, or discriminates against "discrete and ...
The Supreme Court declined to consider whether American Samoans have U.S. citizenship at birth, a case that would have provided a review of the "Insular Cases."
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.
Bidwell, 182 U.S. 1 (1901), was one of a group of the first Insular Cases decided by the US Supreme Court. The case was argued on January 8–11, 1901 and was decided on May 27, 1901. Background
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.