Attorney General Douglas Moylan’s motion to vacate the permanent injunction against the 1990 Guam abortion law has been denied by District Court Chief Judge Frances Tydingco Gatewood.

She ruled that while the ag argues that the legal basis for the permanent injunction no longer exists,

He failed to address whether the change in law in the Supreme Court’s Dobbs ruling supports vacating the injunction in its entirety.

The plaintiff, Gov. Lou Leon Guerrero argued that certain provisions of the law violate the first amendment’s freedom of speech clause.

The judge ruled that the ag has not refuted this argument, and therefore has not met his burden of proof.

The court also ruled any other pending motions are moot.

Moylan released a statement in the ruling:

"We have preliminarily reviewed, and will be further reviewing, the Judge's order issued late this afternoon regarding Public Law 20-134. To put it simply, we respectfully disagree with the Judge's decision and may be asking for reconsideration or asking the Ninth Circuit Court of Appeals for judicial review of that order.

For such an important decision issued by the Supreme Court of the United States and one dealing with the core function of the Legislative Branch of the Government of Guam, we believe that one side cannot simply win by default as the order seems to decide. The order seems to contain no authority addressing how a law passed by the Guam Legislature is no good if a Judicial decision exists at that time, and subsequently is reversed.

There are procedures available to the Government of Guam to address this important issue, including asking the Judge for reconsideration, or appealing the decision to the Ninth Circuit Court of Appeals for its review of the order. We will be reviewing the decision further and considering the next appropriate legal action."