The Guam legislature passed a law that allowed only “native inhabitants of Guam” to vote in an upcoming plebiscite concerning Guam’s political relationship with the United States. The plebiscite would ask native inhabitants to vote on whether Guam should seek statehood, independence, or a continued “association” with the United States. Arnold Davis is a resident of Guam, but was unable to register for the plebiscite because he was not a native inhabitant. Davis challenged the law as unconstitutional under the Fifth, Fourteenth, and Fifteenth Amendments to the Constitution. The catch with this case was that the plebiscite would only occur once 70% of eligible native inhabitants registered to vote in it, and, in all likelihood, this 70% figure would never be reached. Thus,Guam argued that the case was not ripe and that Davis did not have standing to challenge the law because he could not show how he was being injured.Full Article: Challenge to Guam's race-based plebiscite will go forward - PLF Liberty Blog.
May 10 2015