But here we go:
Puerto Rico Ping! Please Freepmail me if you want on or off the list.
Posted on 04/21/2022 8:00:51 AM PDT by cll
The Supreme Court rules 8-1 that the government does not violate the equal protection clause by excluding Puerto Rico residents from Supplemental Security Income, a safety-net program for people who are blind, disabled, or at least 65. Sonia Sotomayor is the lone dissent.
UNITED STATES, PETITIONER v. JOSE LUIS VAELLO MADERO ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT [April 21, 2022] JUSTICE GORSUCH, concurring. A century ago in the Insular Cases, this Court held that the federal government could rule Puerto Rico and other Territories largely without regard to the Constitution. It is past time to acknowledge the gravity of this error and admit what we know to be true: The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.
“The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes.”
http://www.lerctr.org/~transit/healy/bull.wav
Deep State got the ruling it wanted.
Quelle suprise.
But here we go:
Puerto Rico Ping! Please Freepmail me if you want on or off the list.
That sounds like he is dissenting. Weird. What is really going on?
How is that?
Sotomayor was the lone dissenter. Interesting that you agree with her.
Two ways. SCOTUS retains a fig leaf of independence, and Deep State still has an issue it can use in elections.
(Sonia Sotomayor is the lone dissent.)
Talk about quelle surprise...
I have not finished reading his cuncurring decision but I suspect where he is going: the law says what the law says but it is unfair, as well as the Insular Cases precedent which keeps almost 4 million Americans living in apartheid. Or something like that.
“In my opinion, Congress has no existence and can exercise no authority outside of the Constitution. Still less is it true that Congress can deal with new territories just as other nations have done or may do with their new territories. This nation is under the control of a written constitution, the supreme law of the land and the only source of the powers which our government, or any branch or officer of it, may exert at any time or at any place. Monarchical and despotic governments, unrestrained by written constitutions, may do with newly acquired territories what this government may not do consistently with our fundamental law. To say otherwise is to concede that Congress may, by action taken outside of the Constitution, engraft upon our republican institutions a colonial system such as exists under monarchical governments. Surely such a result was never contemplated by the fathers of the Constitution. If that instrument had contained a word suggesting the possibility of a result of that character it would never have been adopted by the people of the United States. The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces,the people inhabiting them to enjoy only such rights as Congress chooses to accord to them,is wholly inconsistent with the spirit and genius, as well as with the words, of the Constitution”. - Justice John Harlan, dissenting in the Insular Cases, 1901)
I don’t agree with her.
I agree with the way the case was decided.
Sonia Sotomayor is the “Wise Latina”. I think Obama said that. Or maybe it was Bart Simpson. No matter. So I personally think Sotomayor should have the power to decide all Spanish-related stuff on her own.
Puerto Rico is not a “State”. So “State” stuff does not precisely apply.
The case concerned a former NY resident, who was born in PR, now resident in PR.
If Congress wants to eextend SSI to US Citizens inPR, tehn it needs to amend the laws as written.
SSI is not tha same as Social Security.
But Sonia the Pig can never see for the blindness of her gender, her ethnicity and her Prog brain.
The Law as written does not matter, only what she wants it to be.
Read Hasnas on the Myth of the Rule of Law.
No...his writing is simply explanatory.
This would have to apply to all the territories for it not to violate the equal protection clause? Also it seems you can’t collect the tax for it in the territories if the citizens there don’t benefit from it?
We pay full Social Security taxes in Puerto Rico.
So you agree with the “deep state” because you said this is the decision the “deep state” wanted?
And is Sotomayor against the “deep state?”
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