Solves case - the CP removes the status of “unincorporated territory” – which is what justified the Vaello Madero decision

Justice Gorsuch also concurred, arguing that the Insular Cases52 should be overturned.53 After discussing the colonial history of the United States’s imperial acquisition of the territories,54 he explained that the Insular Cases’ theory that only unspecified, “fundamental” rights apply in unincorporated territories was based on the racist belief that the peoples of the newly acquired islands were racially or socially “unfit” for the Constitution.55 Justice Gorsuch argued that the Constitution does not distinguish between incorporated and unincorporated territories nor between fundamental and nonfundamental rights and does not “authorize[] judges to engage in the sordid business of segregating Territories and the people who live in them on the basis of race, ethnicity, or religion.”56 Instead of overruling the Insular Cases, the Court has “drain[ed] . . . some of their poison” by declaring more and more rights fundamental, and thus applicable in unincorporated territories, but that solution is “as ineffectual as it is inappropriate,” as the task is still “unfinished” and lower courts are still constrained by the Insular Cases framework.57 Nonetheless, because the litigants in Vaello Madero agreed that Fifth Amendment equal protection is fundamental, and thus applicable in Puerto Rico, the case presented no opportunity to reconsider the Insular Cases and thus “defer[red] a long overdue reckoning.”58