In April, 43 members of the United States Congress signed a letter for the US Department of Justice regarding the Insular Cases. This initiative was co-led by Delegate Stacey Plaskett (D) of the US Virgin Islands in response to the Department of Justice criticizing aspects of the Insular Cases. Other leaders, such as the governor of the US Virgin Islands, also sent letters of their own.
The Insular Cases
The Insular Cases came after the US acquired Puerto Rico, Guam, and the Philippines in the Spanish-American War. They are a series of opinions that determine the status of US territories. While they initially only affected the territories acquired in the Spanish-American War, they now include cases that affect all of the territories.
The Cases are rooted in racism and colonialism. To this day, those living in the territories are unable to vote in the presidential election. Some, such as those living in American Samoa, still do not have US citizenship.
Depending on status, some are not eligible to become states. The territories are split into either incorporated or unincorporated territories. Incorporated territories were intended to gain statehood at some point, whereas unincorporated territories were not. Being labeled unincorporated means that previously, the locals were considered unable to adopt Anglo-Saxon ways.
In other words, the possibility of gaining statehood depended on the locals’ ability to assimilate and how similar their culture was to the West. This can be traced back to the Downes vs. Bidwell case. It states “If those possessions are inhabited by alien races, differing from us in religion, customs, laws, methods of taxation, and modes of thought, the administration of government and justice, according to Anglo-Saxon principles, may for a time be impossible.”
The response
Historically, the Department of Justice has stood by the Insular Cases. However, this time, they had a positive response to the call for change. In their response, they said, “The Department of Justice unequivocally condemns the racist rhetoric and reasoning of the Insular Cases” and said its logic is “irreconcilable with foundational American principles of equality, justice, and democracy.” However, there was no mention of asking the US Supreme Court to revisit the cases.
After the DOJ’s answer to the Congressmembers, Plaskett made her own response, stating, “This is an important step in advancing equity for the US territories. While the efforts predate my time in Congress, I am proud to see our efforts come to fruition – and have the Department of Justice clarify their position and denounce the Insular Cases. I will continue to advocate for the reversal of the Insular Cases to ensure the fair treatment of the residents of the US territories.”
Representative Raul Grijalva (D) of Arizona added, “This is an important step towards the Supreme Court finally overruling these discriminatory decisions, which have served to justify the denial of equal rights and self-determination to communities of color in the US territories for nearly 125 years.” Adi Martínez Román, the co-director of Right to Democracy, a territorial advocacy group, said that “Its insidiousness seeps through the attitudes of politicians and public officials… and it even seeps through the people on the ground – feelings of inferiority, feelings of dependency.”
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