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U.S. v. VAELLO-MADERO

No. 19-1390.

956 F.3d 12 (2020)

UNITED STATES of America, Plaintiff, Appellant, v. José Luis VAELLO-MADERO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 10, 2020.

Attorney(s) appearing for the Case

Michael Shih , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Laura E. Myron , Attorney, Appellate Staff, Joseph H. Hunt , Assistant Attorney General, and Abby C. Wright , Attorney, Appellate Staff, were on brief, for appellant.

Hermann Ferré , with whom Juan O. Perla , Robert Groot , Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, and John W. Ferré-Crossley , San Juan, PR, were on brief, for appellee.

Dwyer Arce , and Kutak Rock LLP, Omaha, NE, on brief for Virgin Islands Bar Association, amicus curiae.

Carlos Lugo-Fiol , and Isaías Sánchez-Báez , Solicitor General of Puerto Rico, on brief for the Commonwealth of Puerto Rico, amicus curiae.

Verónica Ferraiuoli-Hornedo , on brief for Hon. Jenniffer A. González-Colón , Resident Commissioner of Puerto Rico, amicus curiae.

Gregorio Igartúa , on brief for himself, amicus curiae.

Before Howard, Chief Judge, Torruella and Thompson, Circuit Judges.

This appeal raises a fundamental question of constitutional law requiring us to consider the equal protection component of the Fifth Amendment as it applies to the residents of Puerto Rico.1 Specifically, Appellee claims that the exclusion of Puerto Rico residents from receiving the disability...

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