Moot Court but more atomized Flashcards
First Two Sentences
May it please the court, my name is Emily Hall and I represent the Petitioner, the United States Federal Government
With the Court’s Permission, I would like to reserve 3 minutes for rebuttal
Joe Biden Intro
Last June, President Joe Biden announced in a press release that, as a matter of policy, his administration supports extending Supplemental Security Income benefits to Puerto Rican residents. Whether or not you agree with his policy positions, it is clear that neither the president nor the courts have the power to amend the relevant provisions of the Social Security Act – that power is vested in Congress alone. Thus, the court today should reverse the 1st Circuit and hold that the Social Security Act does not violate the Equal Protection Clause.
2 Questions Intro
There are two critical questions before the court today:
- Is there a rational basis for Congress to extend the Supplemental Security Income program to some jurisdictions while withholding it from Puerto Rico?
- Was the 1st Circuit correct in finding that this disparate treatment should be reviewed using the rational basis standard?
2 Questions Answered Intro
Both of these questions have already been litigated and decided by this very court. In 1978, the Court held that there is a rational basis for treating PR differently for the state with respect to this same program in Califano v. Torres. Two years later, the Court held that equal protection challenges to disparate treatment of Puerto Rico should be reviewed using the rational basis standard.
Argument: the Social Security Act has a Rational Basis - Standard
FCC v. Beach Communications, Inc. established that a law satisfies the rational-basis test, quote, “if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” end quote
- my client highlights two rational bases:
First Rational Basis
- UNIQUE TAX STATUS- PR rez gen do not pay into fedtreasury, thus they should not recieve BNs paid out from fed treasury. Income taxes, estate taxes, excise taxes, and gift taxes required of residents from the 50 states and DC aren’t paid by PR rez. This is the rational basis for substantial variation within the United States. Different localities have different taxation systems and offer different goods and services. Thus, inequalities exist between jurisdictions in terms of public schools, food banks, public transportation etc. These inter-locality differences affect those in the highest tax bracket and those who are exempt from all taxes alike. The legislature enjoys “special latitude” for social welfare programs like Social Security Act because of the extreme yet constant exercise of discretion policymakers contend with when allocating limited resources - different jurisdictions get different benefits and the EPC doesn’t allow the court to second guess that under RBR
Second Rational Basis
- SELF-RULE - PR is better situated to understand its own people, economic hardships, and to set its own spending priorities. US policies aimed at respecting that autonomy are rational given the substantial differences between the 50 states, DC and PR. Puerto Rico v. Sanchez Valle explicates the significance of PR’s quote “exceptional status as a self-governing commonwealth” endquote @1874
Argument: Rational Basis is the Correct Standard- lower ct
The First Circuit established that it is“beyond question” that “precedent require[d] [it] to apply rational basis review to the claim before [it].” - 3 reasons
Argument: Rational Basis is the Correct Standard- reason 1
- Territories Clause - the constitution specifically provides for disparate treatment of territories.The equal protection clause can be used to challenge laws but not the constitution itself. Any distinction recognized by the constitution should be considered rational on its face
Argument: Rational Basis is the Correct Standard -2
- Stare Decisis - Torres and Rosario together hold that policies allocating different benefits to PR should be evaluated under rational basis review. Though these were summary judgements which are normally accorded less weight, they were summary reversals bolstered by extensive analysis. This type of binding precedent should not be overturned except in the most extreme circumstances.
Argument: Rational Basis is the Correct Standard -3
- Geography - geographical distinctions are evaluated under rational basis review as a matter of settled law. SSI is not withheld from Puerto Ricans, it is unavailable in Puerto Rico.
Response to: Puerto Rico doesn’t have autonomy
- Whether or not Puerto Rico currently has autonomy is a separate question from whether or not Puerto Rico achieving autonomy is a legitimate government purpose. Policy goals often involve affecting change and the long term goal is to allow for Puerto Rican autonomy.
- And Lee Optical permits Congress to pursue its objectives one step at a time. Here, Congress sought to provide PRflexibility in the realm of welfare spending, so long as its policies were fiscally sound
What is Supplemental Security Income?
Supplemental Security Income is a program administered by the Social Security Administration that provides monthly cash payments to aged, bling, and disabled individuals who lack the financial means to support themselves
What program performs a similar function to Supplemental Security Income in Puerto Rico?
Aid to the Aged, Blind, and Disabled (AABD) provides more local control and less federal money, allowing PR’s government to set income and asset limits and determine its own benefit amounts.
The federal government pays 75% of the benefits and 50% of the administrative costs of AABD.
Ifanother territory get SSI benefits, why shouldn’t Puerto Rico?
The Northern Mariana Islands were guaranteed Supplemental Security Income in 1976 to fulfill a covenant made to establish the islands as a Commonwealth.
