Case Updates

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’s attorney Michael Phillips will now have until December 26 to file a petition.

On November 6, Guam’s governor, Lou Leon Guerrero,

Supreme Court Rejects Guam’s Application for Extension

The Supreme Court has denied Guam’s request for an extension of time to appeal a recent Ninth Circuit decision, invalidating Guam’s racially restrictive plebiscite law.  The law would have restricted the right to vote in a political status plebiscite to “Native Inhabitants of Guam”—a term that the Ninth Circuit recognized

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, comes more than a week after the deadline for extension requests.  Accordingly, Guam’s application must

Guam’s Governor Presses Forward with Controversial Appeal

[Update: New counsel for Guam has filed a motion for extension of petition deadline with Justice Kagan’s office 10-28-19]

On October 21, the governor of Guam, Lou Leon Guerrero, announced that she intends to appeal the recent Ninth Circuit decision, which declared Guam’s plebiscite law unconstitutional. The law in question would

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.  The panel ruled that such an “impermissible racial classification” violates the Fifteenth Amendment of the

Wanted: Director of Litigation

CIR is seeking an experienced and proactive Director of Litigation to oversee new case development.  This person will develop litigation strategy in service of CIR’s mission, identify specific opportunities for litigation, and engage potential plaintiffs.  The Director of Litigation will report directly to the President and will work closely

CIR Files for Summary Judgment in Free Speech Case

On July 11, CIR filed a motion for partial summary judgment on behalf of New York civil servant Salvatore Davi.  After months of discovery, including depositions of numerous New York officials and review of thousands of documents, the record demonstrates that Davi was engaged in a private, after-hours discussion on

CIR Defends Homeowner Fined for Telling the Truth

[Update: Petition Denied 10-7-19]

On May 16, 2019 CIR filed a petition for writ of certiorari with the US Supreme Court asking it to review a decision of the Iowa Supreme Court holding a landlord liable for housing discrimination for truthfully informing a tenant the reason for her lawful eviction. 

Teresa Seeberger

Guam Court Awards Davis Attorney’s Fees

Judge Frances Tydingco-Gatewood of the District Court of Guam has awarded $947,717 to Dave Davis for the costs incurred by Gibson Dunn, CIR and the Election Law Center in his lawsuit against Guam’s unconstitutional race-based plebiscite. Despite objections from Guam’s Attorney General, who argued that Davis should not be reimbursed