The SSI ruling tells Congress where the next decision lies

English · Disability and law

In United States v. Vaello Madero (2022), the Supreme Court held that Congress did not violate the equal-protection component of the Fifth Amendment by excluding Puerto Rico residents from Supplemental Security Income under the statutory scheme before the Court. The decision did not require Congress to keep that exclusion. It left a legislative policy choice in Congress's hands.

The case concerns a person who received SSI in New York and moved to Puerto Rico, where eligibility changed because of residence. The Court's holding should be described accurately: it addressed the constitutional challenge, not whether the policy is fair or whether Puerto Rico residents should receive SSI. Distinguishing a legal minimum from an advocacy goal is essential.

NAPREC supports equal access and asks members of Congress to state whether they would extend SSI, what legislation they support, and how they would handle implementation. Statehood would alter the broader federal relationship; Congress can also debate benefits under current law. Residents deserve a direct answer on both tracks.

Source: Supreme Court opinion, United States v. Vaello Madero (2022).