James v. De Jongh

MEMORANDUM OPINION

(December 23, 2009)

THIS MATTER is before the Court on a Verified Petition for Writ of Mandamus filed by Petitioners, Gerard Luz James II, in His Individual *204Capacity, and Mary L. Moorhead, in Her Individual Capacity (hereinafter “Petitioners”).1 Respondent, Honorable John P. deJongh, Jr., Governor of the Virgin Islands of the United States (hereinafter “Respondent”) filed an Answer thereto.

1. FACTUAL and PROCEDURAL BACKGROUND

Pursuant to Public Law 94-584 § l,2 the United States Congress (hereinafter “Congress”) authorized “the peoples of the Virgin Islands and of Guam,…