Supreme Court Will Not Consider Birthright Citizenship Case

The American Somoans seeking citizenship hoped the court would overturn earlier rulings based on racist old case law.

Pablo Martinez Monsivais/AP

For indispensable reporting on the coronavirus crisis and more, subscribe to Mother Jones' newsletters.


The Supreme Court on Monday declined to consider a case concerning birthright citizenship for American Samoans, who are born on US soil but denied US citizenship.

Five Americans from the island territory had sued the federal government, arguing that the lack of citizenship violated their rights under the Fourteenth Amendment, which guarantees citizenship to “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof.” But the lower courts twice ruled against the American Samoan plaintiffs, relying heavily on a set of cases from the early 20th century which espouse outdated ideas about imperialism and white supremacy to argue that some provisions of the Constitution do not apply in outlying US territories. To the surprise of some scholars, the Obama administration in court briefings offered a full-throated endorsement of these so-called Insular Cases and argued that their application be extended to explicitly prohibit birthright citizenship to American Samoans.

The case’s troubling expansion of the Insular Cases, which many scholars believe should be marginalized or even overturned because of their racist origins, caught the attention of the country’s top lawyers, many of whom filed friend-of-the-court briefs asking the justices to take the American Samoans’ case. Theodore Olson, the former solicitor general, was representing the American Samoans. But their entreaties didn’t persuade the Supreme Court. The justices likely didn’t see this issue as pressing in comparison to other issues before the court. The timing of the case might have also doomed its chances: After the February death of Justice Antonin Scalia, the court has granted review to fewer cases in general, eschewing all but the most pressing ones.

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

We have a new comment system! We are now using Coral, from Vox Media, for comments on all new articles. We'd love your feedback.