Supreme Court rules Puerto Ricans don't have constitutional right to some federal benefits

[Moon]

Washington (CNN) - Congress can exclude residents of Puerto Rico from some federal disability benefits available to those who live in the 50 states, the Supreme Court ruled Thursday.

The 8-1 opinion was written by Justice Brett Kavanaugh, with Justice Sonia Sotomayor dissenting.

The case concerned Supplemental Security Income that is available to those living in the 50 states who are older than 65, blind or disabled. But residents of Puerto Rico and other US territories are excluded from receiving the funds.

"In devising tax and benefits programs, it is reasonable for Congress to take account of the general balance of benefits to and burdens on the residents of Puerto Rico," Kavanaugh wrote. "In doing so, Congress need not conduct a dollar-to-dollar comparison of how its tax and benefits programs apply in the States as compared to the Territories, either at the individual or collective level."

https://www.cnn.com/2022/04/21/poli...-court-federal-disability-benefits/index.html

——————

8-1 ruling is pretty conclusive. Interesting comments by Kavanaugh in the article.

 

[PeteEU]

Colonial masters have spoken.

 

[Moon]

Colonial masters have spoken.

Someone didn’t read the linked article.

 

[Tigerace117]

Colonial masters have spoken.

Yes, preventing Puerto Rico from becoming a state, in defiance of what it’s people want, is pretty clear colonialism.

 

[Vadinho]

Same with Guam. They can't vote if they live in Guam for POTUS but if they move to the mainland, they can vote. This is all about past racism and colonialism, its really an embarrassment to whatever it is we think we are as a nation.

 

[Chomsky]

Washington (CNN) - Congress can exclude residents of Puerto Rico from some federal disability benefits available to those who live in the 50 states, the Supreme Court ruled Thursday.

The 8-1 opinion was written by Justice Brett Kavanaugh, with Justice Sonia Sotomayor dissenting.

The case concerned Supplemental Security Income that is available to those living in the 50 states who are older than 65, blind or disabled. But residents of Puerto Rico and other US territories are excluded from receiving the funds.

"In devising tax and benefits programs, it is reasonable for Congress to take account of the general balance of benefits to and burdens on the residents of Puerto Rico," Kavanaugh wrote. "In doing so, Congress need not conduct a dollar-to-dollar comparison of how its tax and benefits programs apply in the States as compared to the Territories, either at the individual or collective level."

https://www.cnn.com/2022/04/21/poli...-court-federal-disability-benefits/index.html

——————

8-1 ruling is pretty conclusive. Interesting comments by Kavanaugh in the article.

I didn't read the ruling yet, but I'm generally against things like this, making two classes of citizens.

 

[Moon]

I didn't read the ruling yet, but I'm generally against things like this, making two classes of citizens.

In general, I agree. The argument that 8 of the justices agreed with was since residents of Puerto Rico aren’t subject to the same taxes as residents of the 50 states, they can’t expect to receive the same level of benefits. That being the case, I don’t think this ruling creates two classes of citizens.

 

[bomberfox]

Maybe we should just do away with the idea of colonies :/

 

[Vadinho]

In general, I agree. The argument that 8 of the justices agreed with was since residents of Puerto Rico aren’t subject to the same taxes as residents of the 50 states, they can’t expect to receive the same level of benefits. That being the case, I don’t think this ruling creates two classes of citizens.

Sure it does. One class pays the SS tax and gets SS relief. Another pays it and gets no relief.

 

[TomFitz]

Someone didn’t read the linked article.

And?

Puerto Ricans pay the withholding taxes that finance these benefit programs, but are excluded from being about to collect from them.

Solely because they aren’t represented in a Congress that won’t let them in?

 

[TU Curmudgeon]

Washington (CNN) - Congress can exclude residents of Puerto Rico from some federal disability benefits available to those who live in the 50 states, the Supreme Court ruled Thursday.

The 8-1 opinion was written by Justice Brett Kavanaugh, with Justice Sonia Sotomayor dissenting.

The case concerned Supplemental Security Income that is available to those living in the 50 states who are older than 65, blind or disabled. But residents of Puerto Rico and other US territories are excluded from receiving the funds.

"In devising tax and benefits programs, it is reasonable for Congress to take account of the general balance of benefits to and burdens on the residents of Puerto Rico," Kavanaugh wrote. "In doing so, Congress need not conduct a dollar-to-dollar comparison of how its tax and benefits programs apply in the States as compared to the Territories, either at the individual or collective level."

https://www.cnn.com/2022/04/21/poli...-court-federal-disability-benefits/index.html

——————

8-1 ruling is pretty conclusive. Interesting comments by Kavanaugh in the article.

Puerto Ricans are required to pay Social Security taxes but have no right to receive Social Security benefits?

I wonder why the phrase "No taxation without representation." sounds faintly in my ears.

Oh, wait, those Puerto Ricans aren't REAL Americans so they don't count.

 

[Moon]

Sure it does. One class pays the SS tax and gets SS relief. Another pays it and gets no relief.

They also don’t pay all of the taxes residents in the 50 states do.

From the article:

“He noted that residents of Puerto Rico are typically exempt from most federal income, gift, estate and excise taxes, but that they are eligible for Social Security and Medicare. Kavanaugh said that "just as not every federal tax extends to residents of Puerto Rico, so too not every federal benefits program extends to residents of Puerto Rico."”

The issue is the law passed by Congress, which has the power to amend it. The question is will they.

 

[Moon]

Puerto Ricans are required to pay Social Security taxes but have no right to receive Social Security benefits?

I wonder why the phrase "No taxation without representation." sounds faintly in my ears.

Oh, wait, those Puerto Ricans aren't REAL Americans so they don't count.

Which taxation? They don’t pay all of the taxes residents in the 50 states do, so therefore they aren’t eligible for all of the benefits. Congress wrote the law, Congress can change it.

 

[upsideguy]

Yes, preventing Puerto Rico from becoming a state, in defiance of what it’s people want, is pretty clear colonialism.

I am not sure what you are trying to say here. Are you agreeing that we have a colonial view of Puerto Rico or are you trying to suggest that Puerto Ricans do not want statehood, so why would we have them?

To be clear, Puerto Rico wants to be a state. Republicans don't want Puerto Rico to be a state nor do they want it to merely go away. Holding a territory where its citizens are of a lesser class of citizenship is is colonialism.

Puerto Rico wants to become the 51st state of the US

Voters in Puerto Rico have supported a non-binding referendum to become a full US state.

www.bbc.com

Why Isn't Puerto Rico a State?

As a U.S. territory, Puerto Rico is neither a state nor an independent country—and politics over its status remain complicated.

www.history.com

Puerto Ricans voted for statehood. Will it happen?

Puerto Ricans voted ‘yes’ on a referendum asking whether or not the territory should become a U.S. state. But with control of Congress still yet to be determined and some in Washington making the issue of Puerto Rican statehood a partisan issue, what's the prospect of it actually happening? Hari...

www.pbs.org

Colonialism (Stanford Encyclopedia of Philosophy)

plato.stanford.edu

 

[Fishking]

I didn't read the ruling yet, but I'm generally against things like this, making two classes of citizens.

The thing is that they do that themselves by not being full states.

 

[Tigerace117]

I am not sure what you are trying to say here. Are you agreeing that we have a colonial view of Puerto Rico or are you trying to suggest that Puerto Ricans do not want statehood, so why would we have them?

To be clear, Puerto Rico wants to be a state. Republicans don't want Puerto Rico to be a state nor do they want it to merely go away. Holding a territory where its citizens are of a lesser class of citizenship is is colonialism.

Puerto Rico wants to become the 51st state of the US

Voters in Puerto Rico have supported a non-binding referendum to become a full US state.

www.bbc.com

Why Isn't Puerto Rico a State?

As a U.S. territory, Puerto Rico is neither a state nor an independent country—and politics over its status remain complicated.

www.history.com

Puerto Ricans voted for statehood. Will it happen?

Puerto Ricans voted ‘yes’ on a referendum asking whether or not the territory should become a U.S. state. But with control of Congress still yet to be determined and some in Washington making the issue of Puerto Rican statehood a partisan issue, what's the prospect of it actually happening? Hari...

www.pbs.org

Colonialism (Stanford Encyclopedia of Philosophy)

plato.stanford.edu

Preventing Puerto Rico from becoming a state when it wants to be one is blatant colonialism, as I clearly stated.

 

[TU Curmudgeon]

They also don’t pay all of the taxes residents in the 50 states do.

From the article:

“He noted that residents of Puerto Rico are typically exempt from most federal income, gift, estate and excise taxes, but that they are eligible for Social Security and Medicare. Kavanaugh said that "just as not every federal tax extends to residents of Puerto Rico, so too not every federal benefits program extends to residents of Puerto Rico."”

The issue is the law passed by Congress, which has the power to amend it. The question is will they.

I see, so your position is analogous to "Everyone else pays both fire insurance and life insurance premiums. You only pay fire insurance premiums. Therefore your insurance company does not have to pay you if your house burns down.".

Right - makes perfect sense to anyone of no more than average intelligence (NOTE - "Average intelligence" is defined as "as intelligent as three day old road kill").

 

[TU Curmudgeon]

Which taxation? They don’t pay all of the taxes residents in the 50 states do, so therefore they aren’t eligible for all of the benefits. Congress wrote the law, Congress can change it.

Indeed, and <SARC>it would - to you - make perfect sense if Puerto Ricans were required to pay 99.999999999999999999% of all of the taxes residents of the 50 states do but were entitled to receive only 0.000000000000000001% of the benefits</SARC>.

 

[GummyVitamins]

I've said it a million times and I'll say it again. Sotomayor is the dumbest justice on the Court. This should be another interesting read from her. It's amazing how she's been able to fail up all these years.

 

[Chomsky]

The thing is that they do that themselves by not being full states.

But, they are citizens.

I believe if a benefit is given to one, it should be given to all.

 

[Vadinho]

They also don’t pay all of the taxes residents in the 50 states do.

From the article:

“He noted that residents of Puerto Rico are typically exempt from most federal income, gift, estate and excise taxes, but that they are eligible for Social Security and Medicare. Kavanaugh said that "just as not every federal tax extends to residents of Puerto Rico, so too not every federal benefits program extends to residents of Puerto Rico."”

The issue is the law passed by Congress, which has the power to amend it. The question is will they.

Notice how they did not deal with the specific tax and punted to a pool of taxes in order to justify screwing this man out of his money based upon his location. He paid his SS tax, he is a US citizen and he is getting screwed. Legally screwed.

 

[TU Curmudgeon]

The thing is that they do that themselves by not being full states.

Ummm - you do realize that whether or not Puerto Rico becomes a "full state" is NOT something that the Puerto Ricans can decide for themselves - don't you?

You do realize that even if 100% of the Puerto Ricans wanted to become a "full state" then the US government could deny them statehood - don't you?

You do realize that even if 0.00% of the Puerto Ricans wanted to become a "full state" then the US government could bestow statehood on them - don't you?

Can you imagine any situation in which any of the "Republican" (whatever that means) Senators in a 50/50 Senate would vote in favour of converting it to a 50/52 Senate?

 

[GummyVitamins]

But, they are citizens.

I believe if a benefit is given to one, it should be given to all.

The Constitution is pretty clear on this and obviously disagrees with you based on the 8-1 decision. Also, Sotomayor’s opinions can typically be discounted as the rantings of a moron.

 

[GummyVitamins]

Sure it does. One class pays the SS tax and gets SS relief. Another pays it and gets no relief.

Notice how they did not deal with the specific tax and punted to a pool of taxes in order to justify screwing this man out of his money based upon his location. He paid his SS tax, he is a US citizen and he is getting screwed. Legally screwed.

They get Social Security. They don’t get Supplemental Security Income because that is not funded by Social Security taxes. That’s funded by the general fund, which Puerto Ricans do not pay into. When he stopped paying federal taxes he should have stopped receiving Supplemental Security Income payments.

 

[Chomsky]

The Constitution is pretty clear on this and obviously disagrees with you based on the 8-1 decision. Also, Sotomayor’s opinions can typically be discounted as the rantings of a moron.

That's an "Appeal to Authority".

However my original and following statement was expressing my ideology, which is not a legal opinion.