Case Status: Victory

Davis v. Guam: Chronology

May 5, 2020

Dave Davis Wins the Day

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.

Guam Files Reply to CIR’s Opposition Brief

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.

April 20, 2020
February 6, 2020

CIR to Oppose Guam’s Petition

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.

Guam Submits Supreme Court Petition

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.

January 8, 2020
November 8, 2019

Justice Elena Kagan Extends Guam’s Petition Deadline

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.

Guam Submits Motion for Extension to File Appeal

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.

October 28, 2019
October 23, 2019

Guam’s Governor Presses Forward with Controversial Appeal

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.

Victory: Ninth Circuit rejects race-exclusive vote in Guam

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.

July 30, 2019
October 11, 2018

Ninth Circuit hears argument in CIR’s challenge to Guam voting law

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.

Guam Inexplicably Delays Appeal

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.

April 13, 2018
March 8, 2017

Victory: Federal Court Declares Guam’s Race Restrictive Plebiscite Unconstitutional

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.

Motion For Summary Judgment Filed in Voting Rights Case

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.

November 2, 2015
May 8, 2015

Ninth Circuit Orders Guam Voting Case Forward

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.

Challenge to Guam One-Race Plebiscite Moves Forward

A three judge panel heard oral argument in Guam resident Dave Davis’s challenge to that island’s race exclusive plebiscite.

August 27, 2014
July 16, 2012

AG Holder dodges questions in Guam

Attorney General Holder arrived on Guam today, but refused to take questions from the press.

Guam replies to CIR suit challenging race plebiscite

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.

January 10, 2012