The ELPAC Report June 1999

U.S. Supreme Court Raises Stakes
in Puerto Rico Statehood Battle

In a decision that was not directly related to language, the U.S. Supreme Court made it much more likely that admitting Puerto Rico as a State would affect other States. On May 17, the Supreme Court, in the case Saenz v. Roe, said that States could not pay newly-arrived welfare recipients only the level of benefits they would have received in their former State.

To do so, the Supreme Court resurrected the "Privileges and Immunities" doctrine, an ancient constitutional rule which says that States may not discriminate against other States' residents. If Puerto Rico becomes a State, the Privileges and Immunities doctrine may provide creative lawyers with a way to challenge States' official policies on behalf of former Puerto Rico residents.

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