The Supreme Court of the United States has granted a second motion by the federal government for an extension of time to file a response to a petition made by five American Samoans who asked the highest court in the country to hear their citizenship lawsuit.

The plaintiffs, led by local resident, Leneuoti F. Tuaua, along with a Samoan organization in California, filed their ‘writ of certiorari’ early this year.  Lead attorney in arguing for the plaintiffs, who unsuccessfully sued the federal government in the lower federal courts seeking to get US citizenship, is Supreme Court attorney Theodore B. Olson.

The appeals court agreed with the lower court, that only the US Congress can grant US citizenship to persons born “in outlying territories”, such as American Samoa.

But Olson argues, in his 107-page petition, that Congress “cannot carve out exceptions” for birthright citizenship for persons born in American Samoa, a territory that has been a member of the US family since 1900. (See Samoa News edition Feb. 3 for details).

The defendants, including the US State Department, had until Mar. 2 to file their response, but the federal government requested a 30-day extension and was granted a filing deadline of Apr. 1st. However, earlier this week, the defendants again requested another 30-day extension, which was again granted, and a response is now due May 2.

Electronic court records do not provide documents explaining why the federal government sought two extensions to file their response, and the US Department of Justice, representing the defendant, didn’t immediately respond to any request for comments.

The American Samoa government and Congresswoman Aumua Amata are participants in the case as “friends of the court” and are represented by attorney Michael F. Williams of the Washington D.C. based law firm of Kirkland & Ellis LLP.

Some local and off-island observers who are keeping track of the case wanted to know what is causing the United States to seek extensions, on such an important issue for American Samoa.

Responding to Samoa News questions, Williams said these sorts of extensions are routinely granted to the United States in Supreme Court litigation.

Asked if the federal government seeking a second extension means the defendants are facing difficulty in responding to many issues raised by the plaintiffs, Williams said that the request for an extension “is not related to the complexity or lack of complexity of the case. It’s just that the United States is the most frequent litigant before the Supreme Court by far, and the United States routinely requests and is given extensions of time to file briefs.”

“For our part, the ASG and Congresswoman Amata’s office were ready to respond on schedule, but we are happy to take the additional 30 days to coordinate with the United States Government,” Williams said yesterday via email from Washington D.C.

Last month Fono senators voiced concerns over the citizenship issue being tackled at the federal level, with Sen. Tuaolo Manaia Fruean saying that this matter should be discussed by traditional leaders and those living in American Samoa, with the final decision to be made in American Samoa.

Former Congressman Faleomavaega Eni had argued that the citizenship issue should be not decided by a federal court, but by the people of American Samoa.