Lene Tuaua is a proud American.
Because Mr. Tuaua was born in American Samoa, however, the federal government does not recognize him as a U.S. citizen. Instead, he is labeled with the subordinate and inferior status of “non-citizen national.»
American Samoa has been a part of the United States for 116 years. It has among the highest rates of military service of any jurisdiction in America, yet Americans born there are required to naturalize in order to be recognized as citizens.
Mr. Tuaua, along with four others born in American Samoa and the Samoan Federation of America, is defending his family’s right to citizenship in federal court.
The argument in Tuaua v. United States is simple: the Citizenship Clause of the U.S. C onstitution provides that “All persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Federal laws and policies that deny citizenship to people born in American Samoa violate this Clause and are unconstitutional.
Contrary to the text and history of the Citizenship Clause, the Obama Administration argues that Congress has the power to exclude Americans born in U.S. territories from the Constitution’s guarantee of citizenship based on the controversial Insular Cases doctrine. But as the Supreme Court recently wrote inBoumediene v. Bush, “[t]he Constitution grants Congress and the President the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply.”
The case is currently being appealed to the U.S. Supreme Court. Counsel in the case includes We the People Project, Theodore B. Olson, who as argued more than 60 cases before the Supreme Court, and prominent American Samoan attorney Charles V. Ala’ilima.
For more information about the case, visit our FAQ page.
History of the Case
U.S. Supreme Court
In Support of Supreme Court Review
- February 1, 2016, Petition for Writ of Certiorari, filed by Tuaua Plaintiffs
- May 23, 2016, Reply Brief for Petitioners, filed by Tuaua Plaintiffs
- March 2, 2016, Current and Former Territorial Officials Amicus Brief, filed by Bancroft
- March 2, 2016, Citizenship Scholars Amicus Brief, filed by King & Spaulding
- March 2, 2016, Civil Rights Organizations Amicus Brief, filed by Jenner & Block
- March 2, 2016, Scholars of Constitutional Law and Legal History Amicus Brief, filed by WilmerHale
- March 2, 2016, Retired Judges Amicus Brief, filed by Boies Schiller
- March 2, 2016, International Law Scholars Amicus Brief, filed by Simpson Thacher
- March 2, 2016, Puerto Rican Bar Associations Amicus Brief, filed by Mayer Brown
In Opposition to Supreme Court Review
- May 12, 2016, Opposition to Petition for Writ of Certiorari, filed by United States
- May 12, 2016, Opposition to Petition for Writ of Ceritorari, filed by American Samoa Government
- May 11, 2016, Center for Constitutional Jurisprudence Amicus Brief, filed by John Eastman and Kenneth Chesebro
U.S. Court of Appeals for the District of Columbia
- October 2, 2015, Order, Denying Rehearing En Banc
- September 14, 2015, Response to Petition for Rehearing En Banc, filed by United States
- July 20, 2015, Petition for Rehearing En Banc, filed by Tuaua Plaintiffs
- June 5, 2015, D.C. Circuit Opinion (Brown, Silberman, Sentelle)
- March 10, 2015, Supplemental letter, filed by United States
- February 9, 2015, Oral Argument (audio available here)
- December 4, 2014, Scheduling Order for Oral Argument, Monday, February 9, 2015, 9:30 a.m.
- October 8, 2014, Reply Brief, filed by Tuaua Plaintiffs
- August 25, 2014, Brief of Intervenor/Amici Congressman Faleomavaega and American Samoa Government
- August 11, 2014, Brief of Appellee, filed by United States (Addendum)
- May 12, 2014, Brief of of Citizenship Scholars as Amici Curiae, represented by Gibson Dunn
- May 12, 2014, Brief of Members of Congress and Former Government Officials as Amici Curiae, represented by Covington & Burling
- May 12, 2014, Brief of David Cohen as Amicus Curiae, represented by Jenner & Block
- May 12, 2014, Brief of Scholars of Constitutional Law and Legal History as Amici Curaie, represented by Wilmer Hale
- April 25, 2014, Brief of Plaintiffs-Appellants, filed by Tuaua Plaintiffs (Joint Appendix)
- February 4, 2014, Order Denying Motion for Summary Affirmance, Judges Tatel, Brown, and Pillard
- December 6, 2013 – Reply in Support of Motion for Summary Affirmance, filed by United States
- November 22, 2013 – Opposition to Motion for Summary Affirmance, filed by Tuaua Plaintiffs
- October 25, 2013 – Motion for Summary Affirmance, filed by United States
- October 17, 2013, Reply to Response to Motion to Intervene, filed by Congressman Faleomavaega.
- October 9, 2013, Response to Motion to Intervene, filed by Tuaua Plaintiffs
- September 26, 2013 – Motion to Intervene, or in the Alternative, For Leave to Participate as Amicus Curiae, filed by Congressman Faleomavaega
U.S. District Court for the District of Columbia
- June 26, 2013 – Memorandum Opinion by Judge Richard Leon (D.D.C.) granting motion to dismiss
- December 17, 2012 – Hearing before Judge Richard Leon (D.D.C.) on Motion to Dismiss (oral argument transcript)
- December 12, 2012 – Reply as amicus curiae in Support of Defendants, filed by Congressman Faleomavaega
- December 12, 2012 – Reply in Support of Motion to Dismiss, filed by United States
- December 7, 2012 – Opposition to Motion to Dismiss, filed by Tuaua Plaintiffs
- November 8, 2012 – Amicus curiae brief in support of Defendants, filed by Congressman Faleomavaega
- November 8, 2012 – Motion to Dismiss, filed by United States
- July 10, 2012 – Complaint, filed by Tuaua Plaintiffs
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