Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr.

Plaintiff, the Governor of Guam, appeals from a judgment of the District Court of Guam, declaring that Guam Government Code § 49004(a), in its present form, is consistent with the Guam Organic Act ( 48 U.S.C. §§ 1421-1428 (e)).

The controversy arises over the governance of the Guam Memorial Hospital (hereinafter, “the Hospital”). From the time of its first authorization in 1952 until 1977, when the legislation in dispute was adopted, the Board of Trustees of the Hospital was appointed by the Governor with the consent of the Legislature.

Prior to 1977, the Hospital was declared by the Legislature to be within the Executive Branch of the Government of Guam. By Guam Public Law 14-29, adopted May 27, 1977, the Hospital was described as “within, and a public corporation and autonomous instrumentality of, the Government of Guam.”

In December of 1977, Guam Public Law 14-91 was enacted, amending Guam Government Code § 49004(a) to read in pertinent part as follows:

The parties agree that the effect of this amendment was to eliminate all discretion over appointments by the Governor and to require that he appoint the various persons designated by the several private organizations. There…