The Supreme Court appeared reluctant Tuesday to rule for a resident of Puerto Rico who claims it’s unconstitutional to be excluded from a welfare program that’s available in all 50 states and the District of Columbia.
The justices acknowledged that the differential treatment of Puerto Ricans might be problematic, but several suggested that it is up to Congress, not the courts, to act.
Justice Brett Kavanaugh said there are “compelling policy arguments” for including Puerto Rico in the Supplemental Security Income program, which provides benefits to older, disabled and blind Americans. But Kavanaugh said the court had to confront a provision of the Constitution that allows Congress to treat territories and states differently. The Caribbean island has been a U.S. territory since the Spanish American War in 1898.
Jose Luis Vaello-Madero, the Puerto Rico resident at the center of the case, began receiving SSI payments after he suffered a series of strokes while living in New York.
