The Attorney General of Guam will be taking the decision in the Dave Davis case up on appeal to the Ninth Circuit. The “Notice to Appeal” was filed this afternoon in the District Court of Guam. Last month District Court of Guam Chief Judge Frances Tydingco Gatewood ruled in favor of Davis who questioned the constitutionality of Guam’s plebiscite law which only allowed for “native inhabitants” of Guam to vote.
Davis filed his case in November 2011 after he was not allowed to register to vote on Guam’s political status. He argued that his constitutional rights were violated. Specifically, he claims the prohibition from registering to vote, is a violation of the Voting Rights Act, the Organic Act of Guam and his Fifth, Fourteenth and Fifteenth Amendment rights.
In her decision Judge Gatewood concluded that although the court recognizes the long history of colonization of this island and its people, and the desire of those colonized to have their right to self determination, the court must also recognize the right of others who have made Guam their home. She ruled the plebiscite law was unconstitutional and banned its enforcement.
Meanwhile Davis today also filed for fees and expenses related to the lawsuit. According to the proposed order he is seeking almost $1 million in attorneys fees, non taxable costs and expert fees.