Upload Log in Sign up Browse Download of 35 Covington, Members of Congress and Former Government Officials Ratings: (0)|Views: 100|Likes: 0 Published by WethePeopleProject Amicus brief filed by Members of Congress and Former Government Officials, represented by pr bono amicus counsel Covington & Burling. Tuaua v. United States is a federal lawsuit brought by Leneuoti Tuaua, the Samoan Federation of America, and others born in American Samoa who believe that so long as American Samoa is a part of the United States, people born in American Samoa have a right to U.S. citizenship under the Constitution. Plaintiffs are represented by Neil Weare, President of We the People Project, a national organization dedicated to achieving equal rights and representation for the nearly 5 million Americans living in U.S. territories and the District of Columbia; Arnold & Porter, LLP, an international law firm; and Charles V. Alailima, a prominent American Samoan attorney. More info: Categories:Business/Law, Court Filings Published by: WethePeopleProject on May 13, 2014 Copyright:Traditional Copyright: All rights reserved Availability: Read on Scribd mobile: iPhone, iPad and Android. download as PDF, TXT or read online from Scribd Flag for inappropriate content|Add to collection See less –23– ishable by more than five years imprisonment or a $2,000 fine); Ray- phand v. Sablan , 95 F. Supp. 2d 1133, 1136 (D.N.M.I. 1999) (finding that malapportionment of the NMI Senate does not violate the Four-teenth Amendment’s equal protection guarantee), aff’d, 528 U.S. 1110 (2000). Similarly, birthright citizenship is not mentioned in Wabol and Craddick and it played no part in the analyses of the Ninth Circuit and the American Samoa High Court. Indeed, birthright citizenship stands on its own in Guam, NMI, Puerto Rico and the U.S. Virgin Islands and has had no impact on the analysis of other constitutional issues facing those Territories. Under the impractical and anomalous framework, the determina-tion of how various provisions of the Constitution apply in the Territories “must be based on facts,” King , 520 F.2d at 1147, and “de-pends upon the ‘particular circumstances”” of the case. Boumediene , 553 U.S. at 759 (quoting Reid v. Covert , 354 U.S. 1, 75 (1957) (Harlan, J., concurring)). In determining how a right applies in the Territories, a court considers how the right would impact the “cultures, traditions and institutions” in which it would be applied. Atalig , 723 F.2d at 690. The analysis in all of these cases are fact-intensive and culture-sensitive, as USCA Case #13-5272 Document #1492654 Filed: 05/12/2014 Page 31 of 35 –24– the application of Constitutional principles must take into account “the shared beliefs of diverse cultures.” Wabol , 958 F.2d at 1460. Against the background of this fact-specific approach, there is no basis in law to say that recognizing that the Citizenship Clause is appli-cable to American Samoa will have any effect on the analysis of how another clause might apply at a later date. USCA Case #13-5272 Document #1492654 Filed: 05/12/2014 Page 32 of 35 –25– CONCLUSION The Court should reverse the judgment below and hold that the Citizenship Clause guarantees birthright citizenship in American Sa-moa, or remand for an evidentiary determination of whether implementation of birthright citizenship in American Samoa would prove impractical and anomalous. Respectfully submitted, /s/ Eugene D. Gulland Eugene D. Gulland James E. Burke IV William Mensch Evans Stephen Kiehl C OVINGTON & B URLING LLP 1201 Pennsylvania Ave., N.W. Washington, DC 20004 Telephone: (202) 662-6000 Facsimile: (202) 662-6291 egulland@cov Counsel for Amici Curiae May 12, 2014 USCA Case #13-5272 Document #1492654 Filed: 05/12/2014 Page 33 of 35 –26– CERTIFICATE OF COMPLIANCE This brief complies with the type-volume limitations of Federal Rule of Appellate Procedure 32(a)(7)(B) because it contains 4,571 words, excluding the parts of the brief exempted by Rule 32(a)(7)(B)(iii). This brief complies with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2010 in Century Schoolbook 14 point font. /s/ Eugene D. Gulland Eugene D. Gulland May 12, 2014 USCA Case #13-5272 Document #1492654 Filed: 05/12/2014 Page 34 of 35 –27– CERTIFICATE OF SERVICE I hereby certify that on May 12, 2014, I caused the Brief of Amici Curiae Certain Members of Congress and Former Governmental Offi-cials to be filed with the Clerk of the United States Court of Appeals for the D.C. Circuit using the appellate CM/ECF system, causing a true and correct copy to be served upon all counsel of record who are regis-tered CM/ECF users. /s/ Eugene D. Gulland Eugene D. Gulland USCA Case #13-5272 Document #1492654 Filed: 05/12/2014 Page 35 of 35 Activity (1) Filters Add to collectionReview Add NoteLikeEmbed 1 hundred reads More From This User Jenner, David Cohen Amicus Brief WethePeopleProject Gibson, Citizenship Scholars Amicus Brief WethePeopleProject Wilmer, Scholars of Constitutional Law and Legal History ... WethePeopleProject Tuaua v. 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Posted on: Wed, 14 May 2014 17:22:41 +0000
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