I listened to the oral argument is U.S. v. Vaello-Madero. You can't always tell from oral arguments and maybe I heard what I wanted to hear but my impression was that the only issue was how broad the opinion will be -- that all or virtually all of the justices are ready to hold it unconstitutional to deny SSI to U.S. citizens who reside in Puerto Rico and other territories.
If you also listened to the oral arguments, what was your take?
Update: The Supreme Court reporter at the Washington Post thinks the Supreme Court is reluctant to extend SSI to Puerto Rico. However, court reporters at The Hill seem uncertain about how the Court will come down.
4 comments:
Yep, although I'm curious why Kavanaugh is concerned with whether waiver would be available if an overpayment has occurred. His other questions, like the other justices, suggested he is going to side with respondent.
Even Thomas, other than seeming curious as to the relevancy of the respondent choosing to move to PR, seemed to be leaning in the respondent's favor. Alito seems concerned with avoiding reliance on any sort of ethnic discrimination issue. I suppose technically it's true that it's discrimination based on geographic location, not necessarily ethnicity. Seems irrelevant regardless. The lack of a rational basis seems like it is easily met.
https://www.scotusblog.com/2021/11/justices-suggest-that-congress-has-leeway-to-exclude-puerto-rico-from-federal-disability-benefits/
11:41 here. After seeing the coverage I considered whether I was wrong and re-listened to the arguments. Nope. Still seems very favorable to the respondent. Weird. Maybe I am missing something, or I'm biased in favor of respondent. Not saying unanimous, but I think at least 5-4, maybe 6-3.
Thomas will follow the law. As for the others, it is easy to get mislead by their questions. Sometimes it's to get the answer they're looking for. Other times, it's to give you an opportunity to explain something. Sometimes, it's to put you in a corner. I think this decision could be anything from 9-0 one way to 9-0 the other way. I think 6-3 or 7-2 in favor of requiring SSI in Puerto Rico and other territories are the two most likely. Alito seems to be the most likely to vote against it.
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