Davis v. Guam | The Fight Against CHamoru Self-Determination

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Timestamp
0:00 - Case Overview
1:32 - Political & Historical Context
5:25 – CHamoru only vote plebiscite law
6:40 - US Supreme Court Case Rice v. Cayetano
9:14 – CHamoru only vote changed to Native Inhabitants of Guam vote due to Legal concerns because of Rice
12:34 – Legal Proceedings
12:55 – Beginning of Davis’s Lawsuit in the District Court of Guam Davis v. Guam, et al., No. 1:11-cv-00035 (D. Guam)
13:32 – Defense argued Davis lacked standing and ripeness
14:59 – District Court of Guam dismissed the case for lack of standing and ripeness
15:08 – Davis appeals to the Ninth Circuit Davis v. Guam, et al., No. 13-15199 (9th Cir.) Court reversed District Court of Guam
16:39 – Circuit Judge N.R. Smith Dissent
17:22 – Now having standing, Davis refiles his lawsuit in the District Court of Guam Davis v. Guam, et al., No. 1:11-cv-00035 (D. Guam)
17:45 – Ruling of District Court of Guam
18:10 – Guam’s defense of the 2000 Plebiscite law
18:22 – Definition of Native Inhabitants of Guam was not a racial one but a political one
20:06 – The Plebiscite is not an election within the meaning of the fifteenth amendment
20:53 – Fundamental right to vote applies differently in Guam as an unincorporated territory
21:11 – Restricting the vote will allow US to fulfill its international obligations
21:34 – Reasons why the Court did not find Guam’s arguments persuasive
26:50 – Guam appeals to the Ninth Circuit Davis v. Guam, et al., No. 17-15719 (9th Cir.) Court affirmed the District Court of Guam
28:33 – Guam appeals to the Supreme Court
28:39 – Final Comments

References
Ada, J. F., & Bettis, L. (1996). The quest for commonwealth, the quest for change. Issues in Guam’s political development: The Chamorro perspective, 125-203.

United States Code: Immigration and Nationality, 8 U.S.C. §§ 1101-1483 (Suppl. 5 1952).

Organic Act of Guam. Aug. 1, 1950, ch. 512, 64 Stat. 384 ( 48 U.S.C. 1421 et seq.)

Public Law 23-147

Guam Law 25-106

Public Law 27-106

Rice v. Cayetano, 528 U.S. 495 (2000)

Legal Proceedings
Davis v. Guam, et al., No. 17-15719 (9th Cir.) (opinion issued and judgment entered July 29, 2019; mandate issued Aug. 20, 2019).

Davis v. Guam, et al., No. 13-15199 (9th Cir.) (opinion issued and judgment entered May 8, 2015; mandate issued June 2, 2015).

Davis v. Guam, et al., No. 1:11-cv-00035 (D. Guam) (order adopting magistrate judge’s report and recommendation and granting defendants’ motion to dismiss without prejudice issued Jan. 9, 2013; decision and order granting plaintiff’s motion for summary judgment issued Mar. 8, 2017).

United Nations
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171,

UN General Assembly, Question of Guam : resolution / adopted by the General Assembly, 2 December 1985, A/RES/40/42

UN General Assembly, Question of Guam., 25 November 1981, A/RES/36/63

UN General Assembly, Declaration on the Granting of Independence to Colonial Countries and Peoples, 14 December 1960, A/RES/1514(XV)

UN General Assembly, Principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73 e of the Charter, 15 December 1960, A/RES/1541,