Republican Party of Guam I Mina' Bente Singko Na Liheslaturan Guahan v. Carl T.C. Gutierrez, as Governor of Guam, and the Government of Guam

The issue we decide in this appeal is whether the district court had subject matter jurisdiction over the plaintiffs’ declaratory judgment action against the Governor of Guam, Carl T.C. Gutierrez, and the Government of Guam.

The Guam legislature, I Mina’ Bente Singko Na Liheslaturan Guahan, over the Governor’s veto, enacted Guam Public Law No. 25-146. That election reform statute required the Governor to choose three of Guam’s Election Commission members from a list supplied by the Republican Party and three from a list supplied by the Democratic Party. These six members would choose a seventh.

The Governor violated the statute by refusing to appoint Commission members nominated by the two political parties. Instead, he appointed seven members of his own choosing. In response, the plaintiffs filed this lawsuit, seeking a declaratory judgment and injunctive relief.

After a bench trial, the district court granted judgment in favor of the plaintiffs. The court determined that P.L. No. 25-146 was valid under the Organic Act of Guam, 48 U.S.C. §§ 1421 -1428e; that by violating P.L. No. 25-146, the Governor had violated his duty under the Organic Act to faithfully execute the laws of…