To ensure consistency in the Department’s approach to the Insular Cases, Department litigators should notify the Office of the Associate Attorney General (OASG) of any matter addressing the applicability of constitutional provisions to U.S. territories as early in the litigation as possible. Litigators should provide OASG notice of any filing in such matters that is anticipated to address the Insular Cases at least two weeks in advance of the filing, and they should share a draft with OASG at least one week in advance of the filing. If a court sets an expedited briefing schedule that does not permit litigators to provide a draft filing at least a week in advance, or if there are other factors that make it impracticable to provide two weeks’ notice, litigators should notify OASG of the expected filing as soon as possible.

[added July 2024]