Opposition filed to dismissal recommendation
by Nick Delgado
Guam - Attorneys for Dave Davis have filed their opposition to a report that recommends the dismissal of their lawsuit. Attorney J. Christian Adams, who represents Davis, believes the lawsuit they filed against the Government of Guam and the Guam Election Commission is ripe for judicial review.
Davis sued the government because he was not able to register for the political status plebiscite.
Magistrate Judge Joaquin Manibusan recommended the suit be thrown out because there's no certainty when the plebiscite will happen and until a date has been set and established by the Election Commission, the court found Davis' right to vote has not been denied. Attorney Adams has asked the court to hear the merits of their CSE as they believe the plebiscite is racially discriminative and violates federal law that prohibits the creation of separate registration eligibility classes.
Manibusan's report and recommendation along with the objection will be reviewed by District Court Chief Judge Frances Tydingco Gatewood, who will make the final decision.