A CNMI federal magistrate Judge will preside over the pre-trial proceedings in the abortion lawsuit filed in the Guam District Court.

In an order issued last week, Chief Judge Frances Tydingco-Gatewood found "that an emergency necessitates the assignment of this case to Magistrate Judge Heather Kennedy." Guam federal magistrate judge Michael Bordallo has recused himself, and the court is unable to find an alternate.

Judge Bordallo is the brother of Dr. Annie Bordallo, who is a defendant in the case in her capacity as the medical director of the Guam Memorial Hospital. The ACLU filed a challenge to Guam's abortion law on behalf of two Hawaii-based OB/GYN's who say it prohibits them from treating abortion patients via telemedicine.

According to the order, Judge Kennedy will preside over the case until the trial commences or a judgment is entered, whichever comes first.