THE SCOURGE OF THE INSULAR CASES: ENDING CONSTITUTIONAL APARTHEID IN PUERTO RICO.

The article focuses on the enduring impact of the Insular Cases, a series of early 20th-century U.S. Supreme Court decisions that established the territorial incorporation doctrine, which treats Puerto Rico as a U.S. territory "appurtenant to but not a part of" the United States. This doctrine has resulted in constitutional apartheid, denying Puerto Rican citizens full constitutional protections and equal access to federal benefits such as Supplemental Security Income (SSI) and the Supplemental Nutrition Assistance Program (SNAP). The article examines the historical and legal context of these cases, highlights the Supreme Court's 2022 decision in United States v. Vaello Madero that upheld Puerto Rico's exclusion from SSI, and argues that Puerto Rico's exclusion from SNAP reflects racial and ethnic discrimination warranting heightened judicial scrutiny. It concludes that the Insular Cases lack constitutional foundation, rest on racial stereotypes, and should be overruled to end the systemic unequal treatment of Puerto Rican citizens under U.S. law.