Legal Opinion · Dissent

Arnold Davis v. Guam

Court of Appeals for the Ninth Circuit

Decided May 8, 2015No. 13-15199Published

1DissentN.R. Smith, Circuit Judge

The majority holds that federal courts have jurisdiction in this case based on precedent not applicable to its decision. For that reason, I must dissent.

Currently Guam is an unincorporated, organized territory of the United States.1 Guam’s legislature found that the native inhabitants of Guam “have been subjected to incessant control by external colonial powers” and have never been afforded the right to self-determination as to their political relationship with the United States. 1 Guam Code Ann. §' 2101. Therefore, in 2004, Guam’s legislature enacted 1 Guam Code Ann. § 2110. It provides:(a)…

2Cases cited8 opinions

  1. Texas v. United StatesSupreme Court of the United States · 1998
  2. Heckler v. MathewsSupreme Court of the United States · 1984
  3. Bova v. City of MedfordCourt of Appeals for the Ninth Circuit · 2009
  4. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  5. Batson v. KentuckySupreme Court of the United States · 1986

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