Whether persons born in United States Territories are entitled to birthright citizenship under the Fourteenth Amendment's Citizenship Clause, including whether the Insular Cases should be overruled

QUESTION PRESENTED “The United States includes five Territories.” United States v. Vaello Madero, 596 U.S. __, slip op. at 3 (2022). And the Citizenship Clause declares that those born “in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” U.S. Const. amend. XIV, § 1. But a divided panel of the Tenth Circuit held that so-called “unincorporated” Territories are not “in the United States” within the meaning of the Citizenship Clause. To reach this conclusion, the panel majority expanded and “repurposed” the Insular Cases, Pet.App.17a, in direct conflict with this Court’s recent affirmation “that the Insular Cases should not be further extended,” Fin. Oversight & Mgmt. Bd. v. Aurelius Inv., LLC, 140 S. Ct. 1649, 1665 (2020) (citing Reid v. Covert, 354 U.S. 1, 14 (1957) (plurality opinion)). The question presented is: Whether persons born in United States Territories are entitled to birthright citizenship under the Fourteenth Amendment’s Citizenship Clause, including whether the Insular Cases should be overruled.