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The Biden administration just crossed an unforgivable line.
Fitisemanu v. U.S. is sitting on the docket for consideration.
Biden’s DOJ has, in no uncertain terms, told the Supreme Court that it should not take the case.
As far as I know, this is an unprecedented breach of allowing the judiciary to operate separately from the long reach of the legislative branch of our government.
Don’t Take the Case
DOJ Solicitor General Elizabeth Prelogar filed a brief with the court earlier this week to try to get them to bypass the case.
The filing stated, “The government in no way relies on the indefensible and discredited aspects of the Insular Cases’ reasoning and rhetoric.
“This case would be an unsuitable vehicle for reexamining those cases.”
The problem for the DOJ is that this case has bipartisan interest in the court.
The issue of citizenship rights for American Samoans is high atop the list for both Justice Neil Gorsuch and Justice Sonya Sotomayor.
I expect passionate arguments from both of them to take the case, which means it will get strong consideration for arguing before the Supreme Court.
Neil Weare, president and founder of Equally American, was beside himself that the administration dared to step in like this.
He stated, “It is shocking that the Biden-Harris Administration and the Solicitor General continue to breathe life into the Insular Cases, which were grounded in a vision of white supremacy that has no place in our society, much less briefs filed by the U.S. Justice Department.”
The only thing that could stop this case is a filing by Aumua Amata Coleman Radewagen, an American Samoa delegate to Congress.
Radewagen claims the American Samoa population is fine with the status quo for now and would prefer this issue get addressed in Congress rather than the courts.
The argument could easily be made that Congress has had long enough and has failed to take action.
Regardless, this is not a good look for an administration that claims it is looking out for the little guy when, in reality, all it wants to do is keep the boot on everyone’s throat.
