re: #326 MsJ
Because technically speaking, Puerto Rico is “independent” of the US in various respects. It is not a state. Its status is the reason why this is even a question in the first place.
If PR were a state, then we wouldn’t even be having this suit in the first place. But PR is treated as a commonwealth, so the question rose when the local prosecutors filed suit on an issue that was also being handled in US federal court.