Richard Wolf

USA TODAY

WASHINGTON — A simple case about illegal firearms sales put the Supreme Court in a delicate position Wednesday, faced with deciding the legal status of Puerto Rico.

A majority of justices appeared to side with the Obama administration, which argued that as a territory of the United States, Puerto Rico cannot try two gun dealers after federal courts have acted. "Congress is the one who makes the rules," said Nicole Saharsky, an assistant solicitor general, during oral arguments.

But at least two justices vehemently rejected that argument, contending that Puerto Rico's Constitution — blessed by the U.S. government — gives its people autonomy to govern themselves. To rule otherwise, they said, would relegate the commonwealth to a lesser territorial status such as Guam, American Samoa and the Virgin Islands.

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The case is the first of two involving Puerto Rico to come before the high court this term. In March or April, the justices will consider the commonwealth's effort to restructure part of its $73 billion public debt. A federal appeals court blocked the restructuring because of conflicts with U.S. bankruptcy laws.

Neither side relished having to decide the far-reaching questions in Wednesday's case. The lawsuit before them concerned two men who pleaded guilty in federal court to selling guns without a permit -- a crime that Puerto Rico's courts also sought to adjudicate. Lawyers for the men and the Justice Department argued that would constitute double jeopardy, but Puerto Rico claimed independent jurisdiction.

"Please do not take the Constitution of Puerto Rico away from the people of Puerto Rico," pleaded the commonwealth's lawyer, Christopher Landau.

Most of the justices said the island's increased autonomy — electing its own leaders and enacting its own constitution in 1952 — did not make it independent. "If you go back, the ultimate source of authority is Congress," Justice Elena Kagan said.

Moreover, if both the federal and island judiciaries can rule on the same cases, Justice Anthony Kennedy said, the case presents "real practicalities of multiple prosecutions."

But Justices Stephen Breyer and Sonia Sotomayor adamantly stood by Puerto Rico — with Breyer warning that if the court rules against it, "that has enormous implications" for setting back the island's legal status.

Sotomayor, whose parents were born in Puerto Rico, said the island is "estado libre asociado," which means a free, associated state.

"Literally," she said.