If the Federal Supreme Court accepts a case that questions the exclusion of Puerto Rico from the Social Security Supplement, President Joe Biden will decide his appeal.
In essence, this is the administration of President Donald Trump, the federal governor appealing the decision of the First Circuit of Boston Appeals in the case of Vaello-Madero decided that Puerto Rican residents would not be able to benefit from the Supplementary Social Security Benefit (SSI, in English). Although it is hoped that President Biden will appeal this decision, the Supreme Court will hear the case and now it is up to the dictates of the First Circuit to prevail.
For the puortorriqueño abogado John Mudd, the Biden administration may decide the case before the Supreme Court. “Todavía lo puede retirar bajo la rule 46 of the Rules of the Supreme Court of the United States “, states the letter in a telephone interview with Metro. “Rule 46 does not have a term that says it is certiorari andando [pueden retirar el caso]”, añadió.
Since Biden took over the presidency over 20 years ago, various politicians in the country have agreed that the mandate will withdraw the legal appeal from the Supreme Court. Withdraw the case, tend to the effect of validating the decision of the First Circuit in Boston, by which the residents of Puerto Rico can claim the right to this benefit of the SSI.
Mudd planted that, in addition to this scenario, the Vaello-Madero case has various possible scenarios in the Federal Supreme Court.
The lawyer argues that one of the possibilities is that the maximum judicial forum is valid and confirms the decision of the First Circuit. Without embarrassment, I believe that, based on previous statistics, this result could be a recent issue. “We can confirm the decision of the Circuit. Now, 70% of the times that the Supreme will pay a certiorari af 70% de las veces se revoca la decisión del Apelativo “, señaló Mudd.
The attorney general also stated that the Federal Supreme Court should also revoke the decision of the Appellate Office in Boston based on the decisions of the court in the cases of Harris teen Rosario y Califano teen Torres, the laws justify the distinction between Puerto Rican residents and the territorial clause.
In his opinion, the decision of the Supreme Court sued the federal court to have repercussions on the litigation following the adjustment of the central government’s debt. Last week, the Junta de Control Fiscal announced that it had reached an agreement with the peacekeepers of the country and it was hoped that the plan for adjustment would be presented on 8 March. “If the Circuit’s decision is taken to discriminate, it will create a terrible disruption for the Plan for Adjustment because the Plan does not consider Puerto Rico to have a set of funds that tend to be right if the case is decided favorably for Puerto Rico “, indicó.
Assimilation, comment that it is possible that the Federal Supreme Court evaluated and revoked the Insular Cases. Dichos judiciary has concluded that the Constitution of the United States does not apply in its entirety to incorporated territories, such as Puerto Rico.
The lawyer also stated that the administration of Biden had the opportunity to discuss the case in order to be able to restore the median benefit to legislation in Congress. Of this form, according to Mudd, Biden could adjudicate on legislation as a political triumph and that the major mayors have the opportunity to compete with the vote of the Puerto Ricans in the United States.
Vaello-Madero case transfer
The petition was initially initiated by the United States governor in an action against recovery José Luis Vaello Madero.
This live in New York from 1985 to 2013, received SSI benefit for incapacity. Luego, the man was arrested in Puerto Rico in 2013, after receiving the Social Security deposit at his New York bank account until 2016. The United States Governor has initiated a money laundering action against him The Federal District Court, however, pleaded guilty to the dismissal of the claim.
The governor of the United States has pleaded not guilty to any wrongdoing, alleging violations of Vaell-Madero’s lawsuit, but it is still pending. Gustavo Gelpí denied this petition and the Boston Court of Appeal upheld the false determination.
Prior to the determination of the First Circuit, the local governor presented himself as a friend of the court. In these entones, the governor Wanda Vázquez Garced, in the wake of being suspended from the executive cargo, expresses that the intention to remove the right to the poor is a discrimination.
The Circuit of Appeals concluded that “the exclusion of the residents of Puerto Rico (under the Law of the Supplementary Social Security) is not rationally related to the interests of the governor”. The Boston case was awaited by the juices Juan Torruella, Jeffrey Howard y Ojetta Rogeriee Thompson.
The Trump administration will be rescued at the Supreme Court.