Arnold Davis v. Guam

I. BACKGROUND

Guam law directs the territory’s Commission on Decolonization to “ascertain the intent of the Native Inhabitants of Guam as to their future political relationship with the United States of America.” 1 Guam Code Ann. § 2105. The same law also provides for a “Political Status Plebiscite.” Id. § 2110. The plebiscite would ask eligible Native Inhabitants to choose among three options: (1) “Independence,” (2) “Free Association with the United States of America” or (3) “Statehood.” Id. It would be conducted by Guam’s Election Commission on the same day as a general election. Id. The Commission on Decolonization would then be required to transmit the plebiscite’s results to the President, Congress and the United Nations as reflecting “the intent of the Native Inhabitants of Guam as to their future political relationship with the United States.” Id. § 2105.

DAVIS V. GUAM

Guam will hold the plebiscite if and when 70 percent of all eligible Native Inhabitants1 register with the Guam Decolonization Registry. 1 Guam Code Ann. § 2110; 3 Guam Code Ann. §§ 21000, 21003. Native Inhabitants aren’t required to register, although some…

Opinion by Judge KOZINSKI; Dissent by Judge N.R. SMITH.

OPINION

Pursuant to a law passed by the Guam legislature, eligible “Native Inhabitants of Guam” may register to vote in a plebiscite concerning Guam’s future political relationship with the. United States. Guam will conduct the plebiscite if and when 70 percent of eligible Native Inhabitants register. Plaintiff Arnold Davis is a Guam resident who isn’t eligible to register because he is not a Native Inhabitant. He alleges that Guam’s Native Inhabitant classification, is an unlawful proxy for race. At this stage, we -must determine only whether Davis has standing to challenge the classification and whether his claims are ripe.

I. BACKGROUND

Guam law directs the territory’s Commission on Decolonization to “ascertain the intent of the Native Inhabitants of Guam as to their future political relationship with the United States of America.” 1 Guam Code Ann. § 2105 . The same law also provides for a “Political Status Plebiscite.” Id § 2110. The plebiscite would ask eligible Native Inhabitants to choose among three options: (1) “Independence,” (2) “Free Association with the United States of America” or (3) “Statehood.” Id It…

dissenting:

The majority holds that federal courts have jurisdiction in this case based on precedent not applicable to its decision. For that reason, I must dissent.

Currently Guam is an unincorporated, organized territory of the United States. 1 Guam’s legislature found that the native inhabitants of Guam “have been subjected to incessant control by external colonial powers” and have never been afforded the right to self-determination as to their political relationship with the United States. 1 Guam Code Ann. §' 2101. Therefore, in 2004, Guam’s legislature enacted 1 Guam Code Ann. § 2110 . It provides:

From the plain language of the statute, it is apparent that (1) the Guam legislature wants to gather the opinion of the Native Inhabitants of Guam regarding political status options; (2) to gather that opinion, the legislature scheduled a future plebiscite (poll) asking for an indication of what political status option is favored by such Native Inhabitants; and (3) the poll will not occur unless seventy percent of the Native Inhabitants of Guam register to be polled.

It is a fundamental principle that federal courts are courts of limited jurisdiction, limited to deciding…