Supreme Court Asked To Hear Case On SSI For Puerto Rico

      The United States Solicitor General has petitioned the Supreme Court for a writ of certiorari to review the First Circuit Court of Appeals decision in U.S. v. Vaello-Madero. That means they are asking that the Supreme Court hear the case. In Vaello-Madero the First Circuit held that it is unconstitutional to deny SSI benefits to U.S. citizens who reside in U.S. territories such as Puerto Rico. 

     It is almost certain that the Court will hear the case but first the other side gets a chance to respond to the cert petition and then both sides get time to prepare briefs on the merits before the Court places the case on its argument calendar. I don't know how long this takes but I would guess it wouldn't be argued until after Inauguration Day, which is only a little over than four months away. By that time there could be a new President and a new Solicitor General who might view the case differently than the Trump Administration. Of course, it's uncertain that there will be a new President and, if so, whether that would make a difference in the government's position in this case. It would be possible for a new Solicitor General to ask the Court to dismiss the case. The new Solicitor General could go ahead with the oral argument and disavow the government's previously filed brief. Maybe they continue to defend the constitutionality of the statute. I don't know how things like this have been handled in the past when there's been a change of Administration or whether there have been situations quite like this in the past.