“A much longer argument took place in the second oral presentation involving the Arnold Davis v. Guam case, during which Kozinski posed a number of questions for the government’s counsel.
At one point, Kozinski even expressed dissatisfaction on hearing the government counsel’s response to one of his questions, pertaining to Guam’s political reality as different from other states and territories.
Kozinski said the fact that there was a denial of registration is like holding a plebiscite and answers are only intended to come from a particular portion of the citizenry.
“Mr. Davis may think that ‘They have a poll and they don’t care about my opinion,’” said the chief circuit judge in one of his comments on the case yesterday.
Davis, on behalf of himself and others similarly situated, is appealing the District Court’s dismissal of his action alleging discrimination in the voting process by Guam and by Guam officials in violation of the Voting Rights Act of 1965. The case is in relation to the proposed Guam political status plebiscite, which he contends is open to Chamorros only.”