The federal appeals court in Washington D.C has given the defendants in the citizenship lawsuit a chance to respond to a petition by plaintiffs to rehear the case by the full-panel of the appeals court.

Defendants in the case are the U.S. Department of State including the Secretary of State. Plaintiffs in the case, led by local resident Leneuoti Tuaua, are five American Samoans and the Los Angeles based non-profit group the Samoan Federation of America.

Attorneys for the plaintiffs filed on July 20 a rehearing en banc petition for the full-panel of the U.S. Court of Appeals in D.C. to review a decision made June this year by the three-judge panel — of the same appeals court — which ruled that the constitutional citizenship birth on U.S. soil does not apply to those born in American Samoa. (See Samoa News edition July 22 for details.)

In an order issued July 29, the appeals court said that upon consideration of plaintiffs’ petition for rehearing en banc, the defendants are given 15-days (until Aug. 13) to file a response to the petition.

“Absent further order of the court, the court will not accept a reply to the response,” according to the one-page order, which made no mention of the Intervenors— the American Samoa Government and Congresswoman Aumua Amata—to file a response.

On Monday this week, the defendants asked the court for an additional 30-days to file a response saying that the plaintiffs consented to the government's request.

Attorneys representing the government say additional days are needed to file responses due to among other things, other pressing business and the need to coordinate the government’s response with other components of the U.S. Justice Department.

In their petition, attorneys for the plaintiffs maintain that the Fourteenth Amendment’s Citizenship Clause entitles individuals born in American Samoa to citizenship by virtue of their birth “in the United States.”