Pago Pago, AMERICAN SAMOA — The U.S. Supreme Court will consider during a private session early next month, whether to take up the Petition for a Writ of Certiorari, filed by three individuals born in American Samoa and residing in Utah, to review a U.S citizenship decision by a federal appeal’s court, according to court records.

The plaintiffs — now the Petitioners — have requested the Supreme Court to review a decision by the majority of the U.S. Tenth Circuit Court of Appeals, which ruled that citizenship birth on U.S. soil is not applicable to those born in American Samoa.

And the petitioners asked the highest court in the nation to declare them U.S citizens — as they were born in the United States — and to overturn the Insular Cases, which are a series of opinions by the U.S. Supreme Court issued in 1901, about the status of U.S. territories acquired in the Spanish-American War, and the periods shortly thereafter, in which the court ruled that full constitutional rights did not automatically extend to all areas under American control.

The federal government — the Respondents - as well as the Intervenors — the American Samoa Government and Congresswoman Uifa’atali Amata — have already filed their separate oppositions to reviewing the appeal’s court decision.

The Supreme Court issued a notice on Wednesday setting Oct. 07 to consider, in a private conference session, as to whether or not to take up the petition by the plaintiffs, which is led by John Fitisemanu, who said in a statement Wednesday that he is hopeful that the Supreme Court will finally answer the question whether people born in U.S. territories have a right to citizenship.

“I was born on U.S. soil like any other American, I should have the same right to citizenship as any other American,” he said in the news release on Wednesday from Equally American — a U.S based non-partisan civil rights organization, whose founder is among the attorneys representing the Petitioners.

Also on Wednesday, the Petitioners filed their reply brief to the Supreme Court responding to oppositions by the federal government and the Intervenors — arguing that the petition for writ of certiorari “should be granted.”

One of the long standing issue that is of concern to many residents living in American Samoa as well as the Fono, and the reason it has been raised several times by the Intervenors, is the impact of birthright citizenship on the Samoan culture.

The Intervenors had argued in their opposition briefing to the Supreme Court that the decision by the Tenth Circuit correctly respects the Fa’a Samoa and the political autonomy of the American Samoan people. And imposing birth right citizenship on the American Samoan people would threaten serious disruption to the Fa’a Samoa.

In its latest reply, the Petitioners tell the Supreme Court “not [to] be deterred by Intervenors’ fears that recognizing the Constitution’s guarantee of birthright citizenship would somehow harm principles of cultural preservation and self-determination in U.S. Territories.”

“Extending citizenship has not impaired cultural preservation or self-determination in any other U.S. Territory, and there is no reason to suppose the result would be different in American Samoa,” the Petitioners point out. “After all, this case is about citizenship. None of the constitutional provisions intervenors invoke turn on citizenship, and all already apply in American Samoa.”

“Nor would American Samoa lose its right to self-determination if this Court recognizes petitioners’ individual right to citizenship,” they argued. “If anything, ongoing uncertainty over the constitutional status of ‘unincorporated’ territories and the continuing viability of the Insular Cases serve as obstacles to self-determination.”

American Samoa based attorney and member of the plaintiff’s legal team, Charles V. Alai’lima, is quoted in the Equally American news release saying, “there is no disagreement in this case on the importance of protecting self-determination and culture in American Samoa. But recognition of citizenship does not threaten those values, and American Samoan officials have yet to provide any plausible legal basis for their arguments that it would.”

Regarding the Insular Cases, the Intervenors had argued in its Supreme Court filings that the citizenship issue pertaining to persons born in American Samoa, is “an exceptionally poor vehicle for reconsidering the Insular Cases,” and should wait for a case that actually requires revisiting Insular Cases.

The Petitioners had argued that the decision by the Tenth Circuit improperly applies the framework from the Insular Cases and that this Fitisemanu citizenship case provides an appropriate vehicle for reexamining those decisions.

In its reply filed on Wednesday, the Petitioner said the Supreme Court should grant certiorari to reverse the Tenth Circuit panel majority, over- turn the Insular Cases, and recognize that the Petitioners—like all others born on U.S. soil—are citizens by birth.

The news release from Equally American, said that Supreme Court will take up the Petitioners’ request during their private conference on Oct. 07 and will announce a decision whether to grant review later this Fall.

If granted, it would be argued before the Supreme Court next year. If denied, questions about citizenship in U.S. territories and the continuing validity of the Insular Cases will remain unresolved for the foreseeable future, according to the news release.

Details of the Equally American news release and other information on the Fitisemanu case is on the organization’s website: (https://www.equalrightsnow.org) under the tab - Litigation.

All documents filed in this case are available on the Supreme Court website (www.supremecourt.gov).