The majority opinion in United States v. Jose Luis Vaello Madero, released last week, isn’t exciting. In short, Justice Kavanaugh declared that the Fifth Amendment doesn’t require the national government to give equal benefits between residents of the states and those residing in Puerto Rico, including Supplemental Security Income.
The good stuff came from Justice Gorsuch. Though agreeing with the final outcome, Gorsuch found the underlying precedents the Supreme Court assumed in reaching the decision wanting and proceeded to provide a masterclass in understanding the U.S. Constitution’s commitment to equality.
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