"The Constitution's underlying disparity in treatment between the 50 states and the U.S. territories was enshrined in the Insular Cases, a series of cases decided in the early 1900s after the Spanish-American War. These cases — so called because of their "insular" (island-related) focus — held that full constitutional rights apply only to "incorporated" territories destined for statehood, such as Hawaii, but not to "unincorporated" territories, which then included Puerto Rico, Guam, and the Philippines. Infamously, the distinction between incorporated and unincorporated territories rested on explicitly racist stereotypes about individuals from those territories. Opposing Filipino statehood, for example, one senator called Filipinos "unruly and disobedient." Another called them "mongrels." Under the Insular Cases, which were primarily about tariffs and jury trials in the territories, the Supreme Court upheld this suspect "incorporated vs. unincorporated" framework of rights. The Court's language and reasoning was hardly any better than that of Congress. One case emphasized that "differences of race, habits, laws and customs" in the territories might require action on the part of Congress that wouldn't be required if the territory were "inhabited only by people of the same race." Another referred to "savage tribes" which may be "[in]capable of self-government." It is this insidious foundation of the Insular Cases that has drawn the condemnation of both liberal and conservative justices. In Vaello-Madero, a case from last term about Puerto Ricans' eligibility for disability benefits, Justice Neil Gorsuch wrote a 10-page concurrence calling for the Insular Cases to be overruled — something that is now unlikely to happen any time soon."