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DAVIS v. GUAM

No. 13-15199.

785 F.3d 1311 (2015)

Arnold DAVIS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. GUAM; Guam Election Commission; Alice M. Taijeron; Martha C. Ruth; Joseph F. Mesa; Johnny P. Taitano; Joshua F. Renorio; Donald I. Weakley; Leonardo M. Rapadas, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2015.

Attorney(s) appearing for the Case

Douglas R. Cox , Scott P. Martin (argued) and Marisa C. Maleck , Gibson, Dunn & Crutcher LLP, Washington, D.C., Michael E. Rosman , Center for Individual Rights, Washington, D.C., Mun Su Park , Law Offices of Park and Associates, Tamuning, GU, and J. Christian Adams , Election Law Center, PLLC, Alexandria, VA, for Plaintiff-Appellant.

Leonardo M. Rapadas , Attorney General, and Robert M. Weinberg , Assistant Attorney General (argued), Office of the Attorney General of Guam, Tamuning, GU, for Defendants-Appellees.

Meriem L. Hubbard , Joshua P. Thompson and Jonathan Wood , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

Julian Aguon , Law Office of Julian Aguon, Hagatna, GU, for Amicus Curiae Anne Perez Hattori.

Opinion by Judge KOZINSKI; Dissent by Judge N.R. SMITH.

OPINION

Pursuant to a law passed by the Guam legislature, eligible "Native Inhabitants of Guam" may register to vote in a plebiscite concerning Guam's future political relationship with the United States. Guam will conduct the plebiscite if and when 70 percent of eligible Native Inhabitants register. Plaintiff...

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