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DAVIS v. COMMONWEALTH ELECTION COM'N

No. 14-16090.

844 F.3d 1087 (2016)

John H. DAVIS, Jr., Plaintiff-Appellee, v. COMMONWEALTH ELECTION COMMISSION; Frances M. Sablan, Chairperson of Commonwealth Election Commission; Robert A. Guerrero, Executive Director of Commonwealth Election Commission; Eloy S. Inos, Governor of the Commonwealth of the Northern Mariana Islands, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2016.

Attorney(s) appearing for the Case

Charles Edmond Brasington (argued), Assistant Attorney General, Office of the Attorney General, Saipan, Commonwealth of the Northern Mariana Islands, for Defendants-Appellants.

Jeanne H. Rayphand (argued), Saipan, Commonwealth of the Northern Mariana Islands, for Plaintiff-Appellee.

Joseph Horey (argued), O'Connor Berman Dotts & Banes, Saipan, Commonwealth of the Northern Mariana Islands, for Amicus Curiae Northern Marianas Descent Corporation.

Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.

OPINION

The Commonwealth of the Northern Mariana Islands restricts voting in certain elections to individuals of "Northern Marianas descent." This appeal presents the question of whether this restriction is race-based and violates the Fifteenth Amendment of the Constitution of the United States. We conclude...

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