Claudio K. Norita Manuel Mangarero Lawrence M. Camacho v. Commonwealth of the Northern Mariana Islands

This appeal by employees who want to collect overtime from their government employer is remarkable only because it presents once again the question whether we must decide a complex jurisdictional question first, or can we “fast forward” to the merits, which could be quickly disp osed of with an unpublished memorandum citing clearly established circuit precedent as the district court did.

The Commonwealth of Northern Mariana Islands (“CNMI”) seeks a decision on sovereign immunity, the jurisdictional question, so it will not have to respond in future overtime pay cases. Judicial economy cuts both ways. (1) Because this case is easily disposed of on the merits, we should put the merits cart in front of the jurisdictional horse, and close the file, without undertaking a laborious exercise on whether circuit precedent has been overruled by implication by one or more Supreme Court opinions. (2) On the other hand, a jurisdictional precedent in the employer’s favor now will produce long term judicial economy by cutting off these cases at the courthouse door. In any event, we are required by our precedent to address CNMI’s claim to sovereign immunity before reaching the merits. See…