Trump,Bushes Appointed Justices Eliminated SSI For Puerto Ricans in The Isl
UNITED STATES v. VAELLO MADERO SOTOMAYOR, J., dissenting
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SSI is designed to support the neediest citizens. As a pro- gram of last resort, it is aimed at preventing the most se- vere poverty. In view of that core purpose, denying benefits to hundreds of thousands of eligible Puerto Rico residents because they do not pay enough in taxes is utterly irra- tional.
Congress’ decision to deny to the U. S. citizens of Puerto Rico a social safety net that it provides to almost all other U. S. citizens is especially cruel given those citizens’ dire need for aid. Puerto Rico has a disproportionately large population of seniors and people with disabilities. See Brief for AARP et al. as Amici Curiae 8–10. The Census Bureau estimated that in 2019, 43.5% of residents of Puerto Rican residents lived below the poverty line—more than triple the national percentage of 12.3%. See C. Benson, American Community Survey Briefs, Poverty: 2018 and 2019, p. 5 (Sept. 2020), https://www.census.gov/content/dam/Census/ library/publications/2020/acs/acsbr20-04.pdf.
Equal treatment of citizens should not be left to the va- garies of the political process. Because residents of Puerto Rico do not have voting representation in Congress, they cannot rely on their elected representatives to remedy the punishing disparities suffered by citizen residents of Puerto Rico under Congress’ unequal treatment.
The Constitution permits Congress to “make all needful Rules and Regulations” respecting the Territories. Art. IV, §3, cl. 2. That constitutional command does not permit Congress to ignore the equally weighty constitutional com- mand that it treat United States citizens equally. I respect- fully dissent
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