Supreme Court grants Guam extension to appeal Davis case
Looks like Guam has a shot after all, as the US Supreme Court has in fact granted a request for an extension for Guam to file an appeal of the Dave Davis decision.
Adelup earlier this week announced they were informed from attorney Mike Phillips that the request for the extension was rejected. According to attorney Phillips the request he sent electronically was rejected, but the request he sent through the mail was granted by Justice Kagan and notice was posted on the Supreme Court website this morning.
Phillips says he has informed Governor Lou Leon Guerrero and says she is “very happy”.
He tells KUAM he is going to work immediately on preparation of a petition. “It’s a real shocker because the standard was so high,” he added.
It was In 2011 Arnold “Dave” Davis filed a lawsuit arguing the plebiscite vote discriminated against him because he is not a native inhabitant of Guam. He challenged the 2000 Guam Plebiscite Law on grounds that it violated the Fourteenth and Fifteenth Amendments of the Constitution, the Voting Rights Act of 1965, and the Organic Act.
In July of this year, the U.S. Ninth Circuit Court of Appeals ruled against Guam and affirmed District Court of Guam Chief Judge Frances Tydingco Gatewood’s 2018 ruling that the proposed plebiscite was unconstitutional.
The deadline for Guam to file an appeal with the US Supreme Court is now December 26, 2019.