Today’s Supreme Court order list.
I am deeply disappointed to see that the Supreme Court declined to consider Fitisemanu v United States.
The Insular Cases are and remain a racist and poorly reasoned stain on American jurisprudence. They were decided in most part by the exact same Justices who gave us Plessy v Ferguson and for much the same reason. Fitisemanu was the perfect vehicle with which to overturn them in their entirety.
Justice Gorsuch called for the overturning of the Insular Cases, but either could not get three other Justices to join him in granting certiorari or could not get a commitment from a fifth Justice to at least look seriously at overturning the Insular Cases.
Leave no doubt, the Insular Cases need to be overturned and with the same level of force which was brought against Roe v Wade and Planned Parenthood v Casey.
