Davis v. Guam: FedSoc Litigation Update

The latest developments in voting rights case Davis v. Guam were the subject of a Federalist Society Litigation Practice Group teleforum featuring J. Christian Adams, attorney for the plaintiff, who prevailed in stopping Guam’s unconstitutional effort to hold a race-based plebiscite.

 

On March 8, Judge Frances M. Tydingco-Gatewood of the District Court of Guam struck down a Guam law that permitted only those who meet the definition of “Native Inhabitants of Guam” to vote in a future status plebiscite. This decision has been met with opposition from elected officials, protests at the federal courthouse, public rallies, and now an appeal to the Ninth Circuit Court of Appeals.

 

Supporters of the plebiscite are forcing a reexamination of the role of the United States on this strategically important island and opponents contend they are doing so without giving all citizens a voice in the process. What did the district court decide, and what does the reaction say about the rule of law and respect for the Constitution?  

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