No. 19-304

Ranger American of the V.I., Inc., et al. v. Frederick J. Balboni, Jr.

Lower Court: Virgin Islands
Docketed: 2019-09-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: bill-of-rights congressional-power due-process equal-protection federal-legislation federal-statute guam-v-guerrero judicial-interpretation kepner-v-united-states supreme-court-precedent territorial-courts territorial-law
Key Terms:
ERISA DueProcess FifthAmendment
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Is the Virgin Islands Supreme Court bound by this Court's Equal Protection decisions where Congress explicitly applied the Equal Protection Clause to the Territory via a federal statute?

Question Presented (OCR Extract)

QUESTION PRESENTED Congress has the power to “make all needful Rules and Regulations” for United States territories. U.S. Const. Art. IV,§3. Throughout history, it has used this authority to extend portions of the Bill of Rights to the country’s territories through federal legislation. Territorial courts have at times tried to interpret a bill of rights differently than this Court interprets the source—the Bill of Rights. When Congress extended the Double Jeopardy Clause to the Philippines but its highest court departed from this Court’s double jeopardy jurisprudence, this Court reversed. Kepner v. United States, 195 U.S. 100 (1904). Likewise, the Guam Supreme Court was reversed when it interpreted the First Amendment (applied to Guam by a federal statute) differently than this Court’s First Amendment precedent. Guam v. Guerrero, 290 F.3d 1210 (9th Cir. 2002). Similar decisions in other United States possessions yielded similar results. See United States v. Husband R., 453 F.2d 1054 (5th Cir. 1971), cert. denied, 406 U.S. 935 (1972) (Panama Canal Zone) and South Porto Rico Sugar Co. v. Buscaglia, 154 F.2d 96 (1st Cir. 1946) (Puerto Rico). This case is here because the Virgin Islands Supreme Court circumvented this Court’s precedent in Kepner, rejected Guerrero, and ignored Husband R. and Buscaglia. The question presented is: Is the Virgin Islands Supreme Court bound by this Court’s Equal Protection decisions where Congress explicitly applied the Equal Protection Clause to the Territory via a federal statute? il CORPORATE DISCLOSURE Ranger American of the V.I., Inc. is wholly-owned by Ranger American Group Trust. No publicly-owned company owns 10% or more of Ranger American Group Trust. DIRECTLY

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-20
Reply of petitioners Ranger American of the V.I., Inc., et al. filed.
2019-11-04
Brief of respondent Frederick J. Balboni, Jr. in opposition filed.
2019-10-08
Response Requested. (Due November 7, 2019)
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Waiver of right of respondent Frederick J. Balboni, Jr. to respond filed.
2019-09-03
Petition for a writ of certiorari filed. (Response due October 7, 2019)

Attorneys

Frederick J. Balboni, Jr.
Dana Marie HrelicHorton, Dowd, Bartschi & Levesque, P.C., Respondent
Ranger American of the V.I., Inc., et al.
Andrew C. SimpsonAndrew C Simpson, PC, Petitioner