In a case that will decide the scope of the governor's quarantine powers, the Guam Supreme Court heard oral arguments today from attorneys representing Adelup, the public defender's office, the attorney general and the Legislature.

Gov. Lou Leon Guerrero is appealing Superior Court Judge Elyze Iriarte's ruling that limits her power to order quarantine during a public health emergency. Judge Iriarte ruled that under local law travelers have the right to legal counsel, and to petition to quarantine at home rather than the mandated government facility. Attorney Leslie Travis represents the governor. Attorney Brian Eggleston, from the public defender's office, is representing the travelers.

"To the extent that the Emergency Health Powers Act purports to delegate that authority to the Superior Court of Guam, they can't," Travis said. "The legislature can't delegate any more authority than they actually possess. And in this case, the Organic Act does not give the legislature power over quarantine. That power vests in the governor pursuant to the plain terms of the Organic Act."

"If the legislature has no power to define the standards by which quarantine is to be made than in determining whether the quarantine of an individual is lawful the court only has the Jacobson framework as articulated by the governor in her view," Eggleston said. "And the standards that the governor herself sets forth for the quarantine. That's not a check because the governor gets to define those standards."

Also weighing in as a" friend of the court" to oppose the governor's motion on the separation of powers argument was legislative legal counsel Ana Won Pat Borja,who argued that Guam's Emergency Health Powers Act, cited by Judge Iriarte is constitutional.

"The legislature of course must exercise restraint, but we argue that we acted consistently within the bounds of the Organic Act and within the parameters as articulated in Bordallo," she said. "We request that this court uphold sections 19604 and 19605 of the EHPA as valid exercises of the legislature's inherent power to protect the health, safety and general welfare of the people of Guam during this public health emergency.

But Adelup counsel Travis said by law, the governor's authority is clear.

"By the legislature's interpretation, the governor can't disagree with what the legislature wants the policy to be. The legislature has the ultimate authority. And that's wrong. We know that because Bordallo says it's wrong. The governor has the ultimate authority under the organic act. The legislature can pass laws but they can't pass laws inconsistent with the Organic Act."

The Supreme Court has taken the issue under advisement.