From the Guam Daily Post:
By the way, I had no idea that SSI was available in the Northern Marianas. What's the rationale for making it available there but not in Guam or Puerto Rico? That really sounds arbitrary. This lawsuit would have been set up perfectly if one sister was in Guam and the other in the Northers Marianas.
Two lawsuits have been filed against the U.S. Social Security Administration challenging the U.S. government's policy of refusing to provide Supplemental Security Income (SSI) disability benefits to American citizens living on Guam.
The lawsuits were filed on behalf of twin sisters Katrina Schaller of Barrigada, Guam; and Leslie Schaller of Greensburg, Pennsylvania. The two complementary federal cases were filed simultaneously on Thursday in both Guam and Pittsburgh, Pennsylvania.
The sisters are 48 years old. Each lives with myotonic dystrophy, a debilitating, degenerative genetic disorder that severely inhibits muscle function and other critical aspects of daily life.
Although Leslie Schaller is able to live independently in Pennsylvania due to the aid she receives from SSI, Katrina is ineligible for the same SSI benefits received by her twin because she lives on Guam with her older sister and brother-in-law. ...
According to a release from the law firm, the SSI law limits benefits to American citizens who live "in the United States," which is defined in the law as being the 50 states, the District of Columbia and the Commonwealth of the Northern Mariana Islands, but not Guam.Guam doesn't matter much. There aren't enough potential SSI recipients there. Well, it certainly matters to Katrina Schaller and a number of other Guamians but there aren't enough of them to be very costly. Puerto Rico would matter a lot because it's far bigger. I don't know exactly what the cause of action is in this Guam case but I don't see how a court could easily distinguish Guam from Puerto Rico. Other than one being in the Caribbean and they other in the Pacific, the main difference is that Puerto Rico is a lot bigger than Guam.
By the way, I had no idea that SSI was available in the Northern Marianas. What's the rationale for making it available there but not in Guam or Puerto Rico? That really sounds arbitrary. This lawsuit would have been set up perfectly if one sister was in Guam and the other in the Northers Marianas.
In reviewing 42 USC § 1301(a)(1), you can see an outline of how the territories are treated...but it really does look very arbitrary. No particular explanation as to why there is a distinction being drawn.
ReplyDeleteWith the exception of the Northern Mariana Islands, the territories have distinct income tax structures as to income tax. That would be my only guess as to why the Act amended out the territories from title XVI, which is funded through the general fund, which is in turn funded through income tax.
Seems like the solution is to just stop paying SSI to the few hundred folks in the NMI that receive it. Then it will only go to folks in the 50 states and DC.
ReplyDeleteGuam is a colony basically. Northern Marianas is a commonweatlh. Semantics? This is old old law, but it was in the news a while ago when Puerto Rico was debating Statehood and debt relief. Century old decisions for "insular cases" basically allowed Congress to exclude anyone not in the territorial clause (Art 4) of the Constitution. Who defines those territories? Oh, Congress does. Balzac being the main outcome that basically said the protections under the constitution did not apply to Puerto Rico unless Congress specifically enunciated that right to them.
ReplyDeleteI doubt any of it still holds up under scrutiny, but only small parts of it have been challenged from what I can find. So, there is a difference between Northern Marianas and Guam in the Supreme Court's eye: Congress extends some rights and laws to the Northern Marianas, it chooses not to for Guam and Puerto Rico for Title XVI.
Very new to me, but if you look at how each selects representatives and their ability to participate in Congress (but hold no final vote), the differences appear superficial.
Dude, "Guamian" is not the preferred nomenclature. "Guamanian," please. https://www.guampedia.com/adoption-of-guamanian/
ReplyDelete