TUAUA v. U.S.

No. 13-5272.

788 F.3d 300 (2015)

Leneuoti Fiafia TUAUA, et al., Appellants v. UNITED STATES of America, et al., Appellees. American Samoa Government and Aumua Amata, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2015.


Attorney(s) appearing for the Case

Neil C. Weare argued the cause for appellants. With him on the briefs were Robert J. Katerberg , Murad S. Hussain , Elliott C. Mogul , and Dawn Y. Yamane Hewett.

Jessica Ring Amunson and Erica L. Ross were on the brief for amicus curiae David B. Cohen in support of appellants.

David J. Debold and Molly M. Claflin were on the brief for amici curiae Citizenship Scholars in support of appellants.

Eugene D. Gulland was on the brief for amici curiae Certain Members of Congress and Former Government Officials in support of appellants.

Krim M. Ballentine , filed the brief as amicus curiae in support of appellant.

Wynne P. Kelly , Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Michael F. Williams argued the cause and filed the brief for intervenors for appellee American Samoa Government and Congresswoman Aumua Amata.

Paul R.Q. Wolfson , Dina B. Mishra , and Adam I. Klein were on the brief for amici curiae Scholars of Constitutional Law and Legal History in support of neither party.

Before: BROWN, Circuit Judge, and SILBERMAN and SENTELLE, Senior Circuit Judges.


In our constitutional republic, Justice Brandeis observed, the title of citizen is superior to the title of President. Thus, the questions "[w]ho is the citizen[?]" and "what is the meaning of the term?" Aristotle, Politics bk. 3, reprinted in part in READINGS IN POLITICAL PHILOSOPHY 55, 61 (Francis W. Coker ed...

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