SUPREME COURT DIVIDED OVER PUERTO RICO'S AUTONOMY. NEWS BY
RICHARD WOLF OF USA TODAY.
WASHINGTON,
January 13, 2016. A simple case about illegal firearms sales put the Supreme
Court in a delicate position Wednesday, faced with deciding the legal status of
Puerto Rico.
A
majority of justices appeared to side with the Obama administration, which
argued that as a territory of the United States, Puerto Rico cannot try two gun
dealers after federal courts have acted. "Congress is the one who
makes the rules," said Nicole Saharsky, an assistant solicitor general,
during oral arguments.
But
at least two justices vehemently rejected that argument, contending that Puerto
Rico's Constitution — blessed by the U.S. government — gives its
people autonomy to govern them selves.
To rule otherwise, they said, would relegate the commonwealth to a lesser territorial
status such as Guam, American Samoa and the Virgin Islands.
The
case is the first of two involving Puerto Rico to come before the high court
this term. In March or April, the justices will consider the commonwealth's
effort to restructure part of its $73 billion public debt. A federal
appeals court blocked the restructuring because of conflicts with U.S.
bankruptcy laws.
Neither
side relished having to decide the far-reaching questions in Wednesday's
case. The lawsuit before them concerned two men who pleaded guilty in federal
court to selling guns without a permit -- a crime that Puerto Rico's courts
also sought to adjudicate. Lawyers for the men and the Justice Department
argued that would constitute double jeopardy, but Puerto Rico claimed independent
jurisdiction.
"Please
do not take the Constitution of Puerto Rico away from the people of
Puerto Rico," pleaded the commonwealth's lawyer, Christopher Landau.
Most
of the justices said the island's increased autonomy — electing its own leaders
and enacting its own constitution in 1952 — did not make it independent.
"If you go back, the ultimate source of authority is Congress,"
Justice Elena Kagan said.
Moreover,
if both the federal and island judiciaries can rule on the same cases, Justice
Anthony Kennedy said, the case presents "real practicalities of multiple
prosecutions." But Justices Stephen Breyer and Sonia
Sotomayo radamantly stood by Puerto Rico — with Breyer warning that if the
court rules against it, "that has enormous implications" for setting
back the island's legal status.
Sotomayor,
whose parents were born in Puerto Rico, said the island is "Estado Libre
Asociado," which means a free, associated state. "Literally,"
she said. Photo of Supreme Court Justice Sonia Sotomayor speaks during an event at
the University of Richmond School of Law in November. (Photo: AP). News by Richard
Wolf of USA TODAY. Edited by Ramon Luis
Vazquez Collazo of Independent News and Noticiasillescanos.net. Publication by Vazcorp
Corp.
