The U.S. Supreme Court has denied a Commonwealth petition for a re-examination of an appeals court decision affirming district judge Ramona V. Manglona\u2019s ruling that voters who are not of Northern Marianas descent must be able to vote on Article 12 initiative and any other initiatives to amend Article 12.<\/p>\n
The U.S. Supreme Court\u2019s Office of the Clerk informed the U.S. Court of Appeals for the Ninth Circuit\u2019s clerk that the petition for a writ of certiorari filed by Gov. Ralph DLG Torres and the Commonwealth Election Commission has been denied. No other details were included in the notice.<\/p>\n
Jeanne Rayphand, who represents John Davis Jr. in the case, told Saipan Tribune yesterday that the U.S. high court\u2019s order is the final and only order.<\/p>\n
That means the decision of the 9th Circuit and the U.S. District Court is in effect, Rayphand said.<\/p>\n
She said \u201cNorthern Marianas descent \u201c is a racial classification and U.S. citizens who are not of \u201cNorthern Marianas descent\u201d may not be denied the right to vote\u2014a fundamental right.<\/p>\n
\u201cNo United States citizen should ever be denied the right to vote. And that is what this case was about: the right to vote,\u201d she said.<\/p>\n
Joseph Horey, who represents the Northern Marianas Descent Corp., filed the petition before the U.S. Supreme Court on behalf of Torres and the CEC, and its officials.<\/p>\n
Attorney General Edward Manibusan, however, informed the U.S. Supreme Court\u2019s clerk of court last June 30 that such filing was unauthorized. Manibusan pointed out that none of petitioners\u2014 Torres, CEC, and CEC officials\u2014have the authority to file the petition.<\/p>\n
The petitioners\u2019 question to the U.S. Supreme Court was whether the term \u201cpersons of Northern Marianas descent\u201d is an impermissible \u201cracial\u201d classification under the 15th Amendment. <\/p>\n
When asked yesterday about the high court\u2019s decision, Horey said the denial of the writ means that, with respect to voting rights on land issues, one chapter is closed. The rest of the book, however, remains to be written, he said.<\/p>\n
\u201cFrom now on, a political approach to the issue, not a judicial one, will be necessary,\u201d he added. <\/p>\n
Possible options, Horey said, include a constitutional amendment redefining the term \u201cpersons of Northern Marianas descent\u201d in a less \u201cracial\u201d way, and\/or negotiating an amendment to the Covenant so as to include the 15th Amendment among the CNMI\u2019s exemptions from the U.S. Constitution (as is the case for American Indian nations).<\/p>\n
He said these kinds of issues can be explored in various contexts and forums, including Section 902 discussions, a constitutional convention, or the Second Political Status Commission. <\/p>\n
\u201cDiligence, patience, flexibility and creativity will be essential to the ultimate success of any such efforts,\u201d Horey said.<\/p>\n
Last February, the Ninth Circuit denied the NMDC petition to intervene in the lawsuit. <\/p>\n
The Ninth Circuit judges awarded Davis $16,237 in attorney\u2019s fees and costs, to be paid to Davis\u2019 counsel, Rayphand.<\/p>\n
The Ninth Circuit affirmed Manglona\u2019s 2014 decision in December 2016. <\/p>\n
In a 51-page decision issued in May 2014, Manglona ruled that the term \u201cNorthern Marianas descent,\u201d as defined in Section 4 of Article 12 of the CNMI Constitution, is a racial classification, and may not serve as the basis for preventing qualified voters from voting on proposed amendments to Article 12. <\/p>\n
\u201cEven if Northern Marianas descent were not a racial classification, it would be unconstitutional to deny non-NMDs the right to vote on Article 12 initiatives because the restriction is not narrowly tailored to achieve a compelling state purpose,\u201d Manglona said. <\/p>\n
Manglona issued the ruling in favor of Davis, a registered voter in the CNMI who sued CEC, its chairperson and executive director, and then-CNMI Gov. Eloy S. Inos in his desire to vote on any initiative to amend Article 12. <\/p>\n
Article 12 restricts the acquisition of permanent and long-term interests in real property to persons of NMD.<\/p>\n
Article 18 Section 5(c) prohibits qualified voters who are not NMDs from voting on Article 12 initiatives.<\/p>\n
CEC and its co-defendants, through the Office of the Attorney General, appealed to the Ninth Circuit. <\/p>\n
The NMDC, headed by John D. Gonzales, filed petitions to intervene in Davis\u2019 lawsuit and seek a rehearing en back or by the full Ninth Circuit.<\/p>\n
NMDC noted the \u201clack of action\u201d by the Attorney General\u2019s Office, which decided not to challenge the Ninth Circuit ruling.<\/p>\n","protected":false},"excerpt":{"rendered":"
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