Lawrence Hurley

WASHINGTON, (Reuters) – The U.S. Supreme Court will weigh Tuesday the legality and validity of a decades old congressional decision to exempt Puerto Rico from a federal program providing benefits for low-income seniors, blind or disabled persons.

They are currently hearing appeals by the U.S. government against a lower court decision that declared Puerto Rico exempt from Supplemental Security Income (SSI).

Original appeal was made by the Republican ex-President Donald Trump’s government. Joe Biden, the Democratic successor to Trump’s administration, continued the appeal. He also urged Congress for SSI extension to Puerto Rico.

Puerto Rican citizens have complained for years that Caribbean Island residents get treated differently than Americans, despite their being U.S. citizens. Puerto Rico, although it isn’t a country, has the third-most populous U.S. territory with 3 million residents.

Jose Luis Vaello Madero is a Puerto Rican who lived in New York and received SSI benefits. However, he lost eligibility in Puerto Rico when he relocated there in 2013.

In defining Puerto Ricans’ legal status, the Supreme Court played an important role. This was a result of a number of rulings that started more than a century back called the Insular Cases. Some of these were infused with racism. They supported the belief that U.S. citizens could be given different treatment for people living in newly acquired territories. Vaello-Madero gives justices the chance to review those rulings.

The Boston-based 1st U.S. Circuit Court of Appeals ruled in favor of VaelloMadero last year. It ruled that Puerto Rico’s SSI exclusion was against a U.S. Constitution provision that required laws to apply equally to all.

Vaello Madero (67-years old, disabled) filed his constitutional challenge following a lawsuit by the federal government in Washington, seeking over $28,000 to cover payments it made him when he moved to Puerto Rico.

Vaello Madero was hit with Hurricane Irma’s roof, and the lawsuit by the government was filed months before.

SSI benefits for U.S. citizens are available to those who reside in all 50 states, Washington, D.C., Northern Mariana Islands, as well as the District of Columbia. They do not apply to territories such Puerto Rico, Guam, the U.S Virgin Islands, Guam, and Puerto Rico.

The program was not included by Congress when the law was passed in 1972. According to court documents, the Justice Department stated that Puerto Ricans can apply for an alternative government program called Aid to the Aged, Blind and Disabled. This allows more control over the localities, but does not provide as much funding from the federal government.

By June 30, the Supreme Court will have issued its ruling.

Biden declared in June that Puerto Rico’s existing law prohibiting residents from SSI benefits was “inconsistent” with his administration’s policies, and asked for lawmakers to modify the statute to allow the territories to receive the benefits.

The latest version of the Social Spending Bill, which was passed by Congress on Saturday, includes a provision that extends the Puerto Rico benefits. The Supreme Court’s final ruling would be less important if the legislation passed.