Justices Consider Extending Benefits to Needy Puerto Ricans (2)

The justices struggled to decide if Congress can distinguish between Puerto Rico and the 50 states when deciding whether to extend certain Social Security benefits intended to protect the disabled and elderly.

Justice Department lawyer Curtis Gannon on Tuesday defended the Congressional exclusion of Puerto Rico from Supplemental Security Income, despite extending those benefits to other U.S. territories, because of the enormous cost of including the island in the program—about $2 billion per year.

In particular, Gannon said because Puerto Rican residents don’t pay federal income tax, the U.S. takes “a smaller tax bite” out of Puerto Rico, “which leaves ...