Sonia Sotomayor…either an idiot or a genius

War Against All Puerto Ricans: Revolution and Terror in America’s Colony
On January 13, during the oral arguments in Puerto Rico v. Sánchez Valle, Sonia Sotomayor made some astounding declarations.

As reported in USA Today, she emphasized that Puerto Rico is not a colony, but “a free associated state…literally.”

In the hearing transcript itself, on page 47, she declared that “before 1952, Congress could veto Puerto Rico’s laws. It has relinquished that right.”

To many people (including this writer) Puerto Rico is still a colony, and the U.S. Congress has continuing jurisdiction over the island’s legislature through Article IV, Section 3, Clause 2 of the U.S. Constitution, also known as the “Territorial Clause.” 

The Territorial Clause states that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” 

Buy maybe Sonia is right.


Maybe we should all put a finger to our lips, and keep our mouths shut for the next two weeks.

Maybe Sonia will write the majority opinion (not the dicta or dissent) and she’ll slip in a new interpretation of the Territorial Clause.

If so, then the Puerto Rico legislature could immediately pass a law, stating that the Jones Act will no longer apply to Puerto Rico.

It could immediately pass a law, stating that no U.S. Financial Control Board will ever have any authority in Puerto Rico.

It could immediately pass a law, stating that Puerto Rico is entitled to full bankruptcy relief.

Better yet, it could immediately pass a law stating that Puerto Rico’s $72 billion public debt is an “odious debt” which violates the Constitution of Puerto Rico…and that therefore Puerto Rico will not pay any of it.

Let’s all hope that Sonia Sotomayor is correct.

If she is, the Jones Act and Puerto Rico’s debt will soon disappear within a few weeks.

Sonia is either an idiot, or a Machiavellian genius.


For a history of the War Against All Puerto Ricans, read the book…

War Against All Puerto Ricans: Revolution and Terror in America’s ColonyBuy it Now

Si prefiere ver la página web en español por favor visite:


35 Comments on “Sonia Sotomayor…either an idiot or a genius

  1. The us has already taken from the island what they could, apropiated land and taken all the our natural Resources. They took advantage of cheap labor and not paying taxes. There is no cold war any more. They don’t need no strategic war no more. They have no interest in U.S. no more. Now we can go to hell. There eyes are now In Cuba, where they can start all over again


  2. Puerto Rico is a richly beautiful and cultural island. Just like us in the Virgin Islands is being taken advantage of by the rich and powerful. Who have their vacations , and never truly invest in the Islands future or economy.


  3. Crawling with India Velázquez and the worm of Gutierrez…what would you expect???


  4. What I believe, the leaders of that time betrayed the intelligence of the people of P.R. Until today. Where the Congress slapped the status quo ( ELA and the Popular Party), by saying that P.R. is a colony of the USA, under the plenary power of US Congress.


  5. alguien alguna vez,ha sumado en dinero cuanto E U saca de P R vs lo que nos da?
    por la ley de cabotaje


  6. What is Puerto Rico? If it is a State has to follow the constitution of Unites States and it laws. If it is independent country has to own it own treasure and monetary system, own a political system and own a constitution, and many others requiring fulling the state of independents, etc . . .


  7. How about endorsing the right of the people to self determine their own fate with the referendum again with a final up or down on Statehood. The vote for Independence was less the 6% so how about we start by honoring their own free will to choose. More then half our families live in American States and we enjoy traveling freely without a passport. Every State has the sovereignty of self determination and to create a better union.


  8. Sonia Sotomayor was appointed to the Supreme Court by Obama. Which makes her a Puerto Rican legal rubber stamp for the American empire not Puerto Rico.


  9. Everything about the US occupation of Puerto Rico is just that, an occupation of a homogeneous nation.
    The US came to the island to “free” us from Spain yet took the latter’s seat instead.
    We had never enjoyed free determination because we had never been free.
    As long as the US keeps forcing their paws in our plate, we can’t decide.
    Is Sonia right? WHO CARES!!!

    First the US has to leave the island, return everything they stole, mitigate the damage done for 120 years and then we can have a civil conversation, if that doesn’t happen (methinks not) then Puerto Ricans will wait patiently.
    The years for US as a superpower are coming to an end and I will enjoy the hell out of it when our kids raise to free our island because we couldn’t.


  10. As with the need for the proofreading of “bankruptcy belief”, to read bankruptcy RELIEF, the reading of Sonia idiot vs genious may need proofing too. It follows that a similar point could be made with – Is Sonia a genius or not so genius- without the shocking treatment of, are you an idiot or a genius? Asilocreo.


  11. Congress as well as the Supreme Court are extensions of thw Federal Goverment, and the Federal goverment can strike the Laws of Puerto Rico as it sees fit. For example, the unconstitutionality of the Gag Law, repealed by SCOUS, on 1957; quoted ln your book on page 77.


  12. Sorry, I did not hear her supporting the ELA. I would have been outmoded, since most recent cases: Igartua, Andino and Rosario spell for a territory clause interpretation.

    What I read in the transcript was her guidance with the indian tribes law as in Lanza, Lara and Wheeler.

    Their definition of tribes sovereignty changed just by interpretation without a materiality change.

    Here a New Mexico the tribes are sovereign but if seen under International Law. Congress still see that tribe sovereignty as “delegated” from Congress, just as ” a state delegates autonomy to municipalities.”

    We have to be watchful with interpretations like the “incorporated” or “unorganized” territory.

    As everybody in this round is unnoticing the Treaty of Paris.

    Where the sovereignty of the Congress comes from?

    From their Territorial Clause?, their right to gain and hold territories?

    What is being argued in Sanchez is the concept of sovereignty. The even talked about some “interim sovereignty” to explain what happened after the 1952 ONU resolution.

    For me this was another Treaty which was distrusted..

    It is what happened in 1950 to 1952 what needs to be clarified: was it a Treaty or a Trick?

    Some Scholars hold that everybody knew it was a trick, that the Congress was telling that the granting of the ELA sovereignty was unilateral and that Treaties are bilaterals or multilaterals.

    Well if it was so why the ONU approved the exclusion to submit furthers reports on PR resolution.

    For the ONU what happened there was a Treaty terminated. Either the ONU is right or the Congress.

    If in July they say it is a Territory then the ONU was lost.

    In International Law it is Misrepresentation or Fraud.

    If in July they say it is a Compact, then Congress was lost and the US Constitution acknowledges the Capacity of the Congress to enter into Treaties and will turn back all the jurisprudence under the Territorial clause.

    Then the ONU was right and the First Circuit was lost for not accepting International Law.

    But they will not enter in that part of the argument, they will try to be as much limited as possible, then will only address if the Congress can delegate sovereignty, either to Territories or states. Because states before being states were Territories.
    That point wasn’t clear in the Transcripts of the January 13 hearing.

    Anyway, be careful, this is a colony and anything can happen. I suspect another Indian Treaty being broken.



  13. Clearly, Justice Sotomayor is nobody’s fool. The headline was disrespectful. Effective clickbait, but unworthy of the serious subject.

    Liked by 2 people

  14. ___________________________________________________________________________________

    Tony, I agree with you. I think they will issue a disguised “strict constructivist” opinion, which eludes any resolution of the underlying issue.

    In which case, it will be a lost opportunity for Puerto Rico.

    Liked by 1 person

  15. good luck Sonia, we have been a colony since 1898.
    I read your book nelson, it should be used as school mandatory reading.


    Orlando, thank you for your kind words. I really appreciate it.


    Liked by 1 person

  16. Seriously, the PR gov’t is corrupt and stealing the federal money provided to them. I want my island to succeed but not willing to put up with internal corruption.


  17. I always felt she was a Popular Democratic Party supporter even if only from the distance but also that she was honest and intelligent. As far as her intelligence goes, I think it’s pretty obvious. She is a very smart lady.In terms of her honesty, now I have my doubts. I wish she was right. However ALMOST all of us know better.


  18. I am with you Denis. I have read the transcripts. I am unsure where she sits just from her questions. Scalia was clear. Kagan seemed anti sovereignty as well. Only Breyer clearly looking for a third way. I don’t think they will give p.r. sovereignty thus rule in their behalf precisely of the potential you point out in your article. I believe a split decision may argue that the 1952 constitution gave limited self govt like a state. But not exempt it from double jeopardy jurisdiction. The bankruptcy case will help them clarify the definition of puerto.rico. Tony suarez


    Tony, how are you! Feliz 2016!

    I agree with you. I think they will issue a disguised “strict constructivist” opinion, which eludes any resolution of the underlying issue.

    In which case, it will be a lost opportunity for Puerto Rico.


    Liked by 1 person

  19. I think is time to take the sucker out of our mouths, grow and learn to stand on our own to feet. To long we have being let by the hand of our “Uncle Sam” to no where. It seems we have being walking in circles for years thinking we where “Uncle’s baby”, and it looks like we where NOT? Puerto Rico take that band of your eyes look at your Uncle(owner) in the eye and say no more….. ENOUGH IS ENOUGH.!


  20. Puerto Rico ‘s problem is not the debt but the desire to enjoy a modern social and economic life without the means to afford it. With nearly 48 % real  unemployment, few native industries, loss of its sugar cane industrues and loss of incentives to attract new industries Puerto Rico is quickly returning to its former status as the Poor – House of the Caribbean.   It’s crime statistics confirm its degeneration from a stable economy to despair.

    Paying the debt will not solve this  problem as more debt will be required to continue as before. The real solution is to dismantle  the family- power elite which controls the political  structure protecting very wealthy land owners from property tax reform. Present land taxes provide for no or very low  tax on large estates and former sugar growing land  holdings. This allows wealth to be safely retained by the controlling elete in the form of vast but  unused, or underused land holdings.  By Implementing a realistic tax on agricultural land at a rate comparable to California’s central valley or other agricultural areas  would encourage more efficient use of the large tracks of now unproductive land, land that could employ large numbers of people and increase Puerto Rico’s, output, if used productively by agricultural  entrepreneurs  and other industries increasing the standard of living and real employment.  Land reform has worked elsewhere and could work in Puerto Rico. The problem will be to dismantle  the family -cabal oligarchy  which has quietly  controled Puerto Rican politics for generations. Congress could do so as a condition to a present bailout or bankruptcy reform.

    Liked by 1 person

  21. Whether she is a genius or idiot is irrelevant and unproductive. For the record I think she is quite an intellectual. I might disagree with her assessment that PR is not a colony, but I would not frame the issue this way. The truth of the matter is that whatever her definition is of a “free associated state” will have to be shared by at least 4 other justices to mean anything under the law. Moreover while she may have a well articulated position on the subject, it might not be enough to sway the other justices to interpret the US Constitution in the same way. And even if she is successful in convincing her colleagues, the Court still has no sway over what Congress decides to do especially when the Banks are lobbying hard to protect their interests in a campaign year. Let’s not make this an issue of what will Sotomayor do for PR. She is not PR’s savior and the solution to the economic crisis is not that simple. The federal government’s control over PR is extensive and well beyond her control.

    Liked by 1 person

  22. She meant that in the context of the Puerto Rico laws (regarding (local) matters in Puerto Rico). She didn’t mean it as to Puerto Rico having authority to override Federal laws; it was in the sense to be similar to states. If you listen to the argument or read the transcript I would be surprised if one would reach the conclusion this article does.

    Liked by 1 person

  23. Sonia Sotomayor is a puertorricans’ descendant that really loves Puerto Rico, but she is Judge for the Supreme Court of the USA. Her participation in this case will favor what: The USA or Puerto Rico?


  24. No, she is not right. Puerto Rico is not a Free Associated State, is a Commonwealth. The difference between the two concepts was an issue of public discussion a few decades ago and there are many opinions, but one thing is clear, Puerto Rico is a Commonwealth. Virgin Islands is a Free Associated State. When you discard her original argument in where she elaborates her opinion, nothing left.

    Liked by 1 person

  25. The bad news here is that even if Sotomayor turns out to be a genius and those laws had the potential of being passed, it is unlikely that the Puerto Rico legislature will move forward to do so. Nothing is more deleterious to people’s empowerment than a colonized mentality.

    Liked by 1 person

  26. Bueno Newyorker. La Satamayor es la jueza del Happy Colony. Al igual que muchos independej… Que en su juventud quieren un PR independiente, mientras viven en la Estadidad, y desde esta dicen que son independentistas, pero defienden la COLONIA a brazo partido Porque??? Porque asi pueden jugar a la Nazion sin enfrentar las consecuencias, las cuales son el desastre economico y la perdida de Libertad. In English Melonism. Por eso el futuro de PR lo decidiremos los que vivimos aqui y nos los alcahuetes coloniales de que viven afuera: Gutierrez, Velazquez, Satamayor y compañia. O los que quieren un PR independiente para no sufrir las consecuencias. Espero aclarar sus dudas.


  27. Reblogged this on It Is What It Is and commented:
    I sure hope that Nelson A. Denis is correct about this …. Hope Sonia is s genius …. Hope all these potential laws would be written … and Puerto Rico could make these laws on their own w/o US Congress intervention. Otherwise, Puerto Rico is indeed a COLONY! All my fingers are crossed!!


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