Guam could learn fate of plebiscite case on April 27

A new deadline set by the U.S. Supreme Court means Guam likely will not know the fate of its plebiscite appeal until April 27, according to the government of Guam’s attorney, Michael F. Williams.

GovGuam in December appealed a July 2019 ruling by the U.S. Court of Appeals for the Ninth Circuit, which stated the island’s political status plebiscite is race-based and violates constitutionally protected voting rights.

The appeals court issued its ruling in a 2011 federal lawsuit filed by Yigo resident Arnold “Dave” Davis, who argued he was denied the ability to register to vote in the plebiscite because he did not meet the legal definition of “native inhabitant” required to register.

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Guam’s plebiscite law defines native inhabitants of Guam as people who became U.S. citizens because of the Organic Act and their descendants. Most of the people who fit that definition are ethnically CHamoru.

According to the Ninth Circuit, the plebiscite’s voter eligibility so closely parallels a racial classification that it is a proxy for race.

The non-binding vote would determine whether native inhabitants prefer statehood, free association or independence from the United States. Guam is a U.S. colony, and the results of the plebiscite could help shape the island’s future actions toward achieving decolonization. The United Nations has called for a speedy and unconditional end to colonialism, declaring that all people have a right to self-determination.

Davis’ attorney, who stated he has other pressing matters before the Supreme Court, was granted a 30-day extension to file a brief opposing GovGuam’s petition.

Williams said the time extension means Davis has until March 21 to file his opposition to Guam’s petition and Guam will have until April 8 to reply to Davis’ opposition brief.

Justices likely will consider the petition during their private conference April 24, Williams said, which means GovGuam could receive notice about the court’s decision on April 27, after the weekend.

The odds are against the high court granting GovGuam’s petition, as the court refuses to hear about 97% of the appeals brought to it.

For example, the court after its Feb. 24 private conference decided to accept four new appeals but denied 445 other certiorari petitions, according to an order issued by the court.

GovGuam has argued its appeal is important to clarify the voting rights guaranteed under the 15th Amendment.