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John Fitisemanu, et al. v. United States, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-4017, 20-4019 · judgment June 15, 2021

Certiorari denied · October 17, 2022
Pre-decision estimate: 14% cert probability (95% interval 9%–21%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

“The United States includes five Territories.” United States v. Vaello Madero, 596 U.S. ___, slip op. at 3 (2022). And the Citizenship Clause declares that those born “in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” U.S. Const. amend. XIV, § 1. But a divided panel of the Tenth Circuit held that so-called “unincorporated” Territories are not “in the United States” within the meaning of the Citizenship Clause. To reach this conclusion, the panel majority expanded and “repurposed” the Insular Cases, Pet.App.17a, in direct conflict with this Court’s recent affirmation “that the Insular Cases should not be further extended,” Fin. Oversight & Mgmt. Bd. v. Aurelius Inv., LLC, 140 S. Ct. 1649, 1665 (2020) (citing Reid v. Covert, 354 U.S. 1, 14 (1957) (plurality opinion)). The question presented is: Whether persons born in United States Territories are entitled to birthright citizenship under the Fourteenth Amendment’s Citizenship Clause, including whether the Insular Cases should be overruled.

Counsel of record

For petitioner
Matthew Dempsey McGill
Gibson, Dunn & Crutcher LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
9 cert-stage

Linked docket
21A494

Proceedings

  1. Oct 17 2022
    Petition DENIED.
  2. Oct 11 2022
    DISTRIBUTED for Conference of 10/14/2022.
  3. Oct 04 2022
    Rescheduled.
  4. Sep 14 2022
    DISTRIBUTED for Conference of 10/7/2022.
  5. Sep 14 2022
    Reply of petitioners John Fitisemanu, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Aug 29 2022
    Brief of respondents United States, et al. in opposition filed.
    Main DocumentCertificate of Word Count
  7. Aug 29 2022
    Brief of respondents American Samoa Government and the Hon. Aumua Amata in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Jul 25 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including August 29, 2022.
  9. Jul 22 2022
    Motion to extend the time to file a response from July 29, 2022 to August 29, 2022, submitted to The Clerk.
    Main Document
  10. Jul 13 2022
    Brief amici curiae of Northern Marianas Descent Corporation & United Carolinians Association in support of respondents filed.
    Main DocumentCertificate of Word CountProof of Service
  11. Jun 07 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2022.
  12. Jun 06 2022
    Motion to extend the time to file a response from June 30, 2022 to July 29, 2022, submitted to The Clerk.
    Main Document
  13. May 31 2022
    Brief amici curiae of Current and Former Elected Officials of Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. May 31 2022
    Brief amici curiae of Citizenship Scholars filed.
    Main DocumentProof of ServiceCertificate of Word Count
  15. May 31 2022
    Brief amici curiae of Former Federal and Local Judges filed.
    Main DocumentCertificate of Word CountProof of Service
  16. May 27 2022
    Brief amici curiae of Descendants of Dred Scott and Isabel Gonzalez filed.
    Main DocumentProof of ServiceCertificate of Word Count
  17. May 27 2022
    Brief amici curiae of American Civil Liberties Union, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  18. May 27 2022
    Brief amicus curiae of Samoan Federation of America, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  19. May 27 2022
    Brief amicus curiae of Virgin Islands Bar Association filed.
    Main DocumentCertificate of Word CountProof of Service
  20. May 26 2022
    Brief amici curiae of Scholars of Constitutional Law and Legal History filed.
    Main DocumentProof of ServiceCertificate of Word Count
  21. May 13 2022
    Motion to extend the time to file a response is granted and the time is extended to and including June 30, 2022, for all respondents.
  22. May 12 2022
    Motion to extend the time to file a response from May 31, 2022 to June 30, 2022, submitted to The Clerk.
    Main Document
  23. Apr 27 2022
    Petition for a writ of certiorari filed. (Response due May 31, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  24. Apr 18 2022
    Application (21A494) denied by Justice Gorsuch.
  25. Apr 11 2022
    Application (21A494) to extend further the time from April 27, 2022 to May 26, 2022, submitted to Justice Gorsuch.
    Written RequestProof of Service
  26. Mar 10 2022
    Application (21A494) granted by Justice Gorsuch extending the time to file until April 27, 2022.
  27. Mar 09 2022
    Application (21A494) to extend the time to file a petition for a writ of certiorari from March 27, 2022 to April 27, 2022, submitted to Justice Gorsuch.
    Main DocumentLower Court Orders/OpinionsProof of Service