No. 19-827

Territory of Guam, et al. v. Arnold Davis

Lower Court: Ninth Circuit
Docketed: 2019-12-31
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 15th-amendment fifteenth-amendment guam native-inhabitants plebiscite political-status self-determination voting-rights
Key Terms:
DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fifteenth Amendment permits Guam to invite only 'native inhabitants of Guam' to participate in a potential political-status plebiscite that would yield only a nonbinding, symbolic expression of self-determination preferences

Question Presented (OCR Extract)

QUESTION PRESENTED Shortly after the end of World War II, Congress extended citizenship to certain inhabitants of Guam through the 1950 Organic Act of Guam, 48 U.S.C. § 1421 et seg. Fifty years later, the government of Guam decided to invite that same class of people to express their views on the island’s future political relationship with the United States. Under the 2000 Plebiscite Law, “native inhabitants of Guam’— defined as “those persons who became U.S. Citizens by virtue of the authority and enactment of the 1950 Guam Organic Act and descendants of those persons”—can indicate their preference for one of three “political status options”: (1) “Independence,” (2) “Free Association with the United States of America,” or (8) “Statehood.” 1 Guam Code Ann. §§ 2102(b), 2110. The results of this political-status poll are purely advisory. The plebiscite does not select political officials, does not empower the government to take (or refuse to take) a course of action, and does not effectuate any change in the political status quo. The only consequence is that Guam will “promptly transmit” the results of the plebiscite “to the President and the Congress of the United States of America, and to the Secretary General of the United Nations.” Id. § 2105. The question presented is: Whether the Fifteenth Amendment permits Guam to invite only “native inhabitants of Guam” to participate in a potential political-status plebiscite that would yield only a nonbinding, symbolic expression of self-determination preferences.

Docket Entries

2020-05-04
Petition DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-04-13
Reply of petitioners Guam, et al. filed. (Distributed)
2020-03-31
Motion to delay distribution of the petition for a writ certiorari until April 15, 2020, granted.
2020-03-27
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 1, 2020 to April 15, 2020, submitted to The Clerk.
2020-03-17
Brief of respondent Arnold Davis in opposition filed.
2020-02-03
Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
2020-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
2020-01-21
Response Requested. (Due February 20, 2020)
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-31
Waiver of right of respondent Arnold Davis to respond filed.
2019-12-26
Petition for a writ of certiorari filed. (Response due January 30, 2020)
2019-11-06
Application (19A500) granted by Justice Kagan extending the time to file until December 26, 2019.
2019-10-28
Application (19A500) to extend the time to file a petition for a writ of certiorari from October 27, 2019 to December 26, 2019, submitted to Justice Kagan.

Attorneys

Arnold Davis
Lucas Cody TownsendGibson, Dunn & Crutcher LLP, Respondent
Lucas Cody TownsendGibson, Dunn & Crutcher LLP, Respondent
Guam, et al.
Michael Francis WilliamsKirkland and Ellis LLP, Petitioner
Michael Francis WilliamsKirkland and Ellis LLP, Petitioner