The Supreme Court denied Guam’s petition for certiorari, in Davis v. Guam, bringing a successful close to CIR’s nine-year fight to overturn the territory’s racially restrictive plebiscite law. With this order, CIR’s recent Ninth Circuit victory will stand in its entirety, and Guam will not be allowed to conduct a vote that discriminates on the basis of race.
On April 13, Guam replied to CIR’s brief opposing Guam’s Supreme Court appeal. CIR and Dave Davis’ lead counsel at Gibson Dunn argued that the Ninth Circuit correctly found Guam’s plebiscite law was a race-based voting restriction in violation of the Fifteenth Amendment.
CIR and Dave Davis’ lead counsel at Gibson Dunn are preparing to file a brief with the U.S. Supreme Court in opposition to Guam’s petition for certiorari.
On December 26, Guam filed a petition for writ of certiorari with the Supreme Court. The appeal was filed by the law firm, Kirkland and Ellis, which offered its services pro-bono.
In a surprising turn of events, Supreme Court Justice Elena Kagan has granted Guam an extension to appeal the Ninth Circuit decision, invalidating Guam’s plebiscite law as racially discriminatory.
On October 28, Guam’s recently hired attorney, Michael Phillips, requested an extension of time to file a petition appealing a recent Ninth Circuit decision, invalidating Guam’s plebiscite law. The application, filed with Justice Kagan’s office, came more than a week after the deadline for extension requests.
On October 21, the governor of Guam, Lou Leon Guerrero, announced that she intended to appeal the recent Ninth Circuit decision, which declared Guam’s plebiscite law unconstitutional.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously ruled that a planned plebiscite by Guam cannot go forward so long as it limits voting to “native inhabitants” of Guam.
On October 10, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Davis v. Guam, a case challenging a race-exclusive plebiscite planned by the Government of Guam.
Locked in an appeal fight with CIR and Lead Counsel Gibson Dunn, the Government of Guam recently inexplicably declined an offer from the Ninth Circuit to expedite consideration of its appeal.
On March 8th, Judge Frances M. Tydingco-Gatewood of the District Court of Guam issued a decision in favor of CIR client Arnold Davis. Judge Tydingco-Gatewood’s opinion granted Davis’ Motion for Summary Judgment and held Guam’s race exclusive plebiscite unconstitutional in light of the Fourteenth, and Fifteenth amendments to the Constitution.
CIR plaintiff Arnold Davis is back in the U.S. District Court for the District of Guam to continue his challenge to Guam’s race-exclusive plebiscite.
A three judge panel of the U.S. Court of Appeals for the Ninth Circuit reinstated CIR client Arnold Davis’ lawsuit challenging race-based voting restrictions on a plebiscite concerning Guam’s future political status.
A three judge panel heard oral argument in Guam resident Dave Davis’s challenge to that island’s race exclusive plebiscite.
Attorney General Holder arrived on Guam today, but refused to take questions from the press.
In early December, the Government of Guam moved to dismiss CIR’s case challenging its Chamorro-only plebiscite on grounds that plaintiff Dave Davis cannot possibly have been harmed by being excluded from a plebiscite that is advisory in nature.