Tuesday, February 21, 2023

MY AMICUS BRIEF

By Tim Rohr

The Supreme Court of Guam is asking for our input. That's really cool. I don't know about you but I've never been asked to file an amicus brief before. (See: What is an amicus brief.)

From the Guam Daily Post:

Public Law 20-134, the abortion ban of 1990, is a matter of great public interest as its validity and enforceability are in question and the answer will have an impact on many island residents, according to the Supreme Court of Guam, which has called for stakeholders who may be affected by the issue’s outcome to file briefs with the island’s high court. 

Without reading the law, the whole thing sounded weird. 

I get it that the governor might seek a judgment from the high court, but us Tom, Dick and Harry's getting asked to throw in our two cents to help out Guam's most exclusive club, "the Supremes," as Tall Tales talk show host Bob Klitzkie calls them, just sounded...well weird.

On Monday, Bob got a pretty good start in explaining what is really going on, and perhaps today he'll be able to wrap it up. You can catch the first part of Bob's explanation here - which ran until the half time show, and then here after he comes back to it in the second hour. (Note: Bob finished his analysis on Tuesday here.) 

Meanwhile, for those who want to do their own personal dive into the matter, here is the relevant law:

7 GCA § 4104. I Maga’lahi and I Liheslatura May Request Declaratory Judgment.

I Maga’lahen Guåhan, in writing, or I Liheslaturan Guåhan, by resolution, may request declaratory judgments from the Supreme Court of Guam as to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and upon any question affecting the powers and duties of I Maga’lahi and the operation of the Executive Branch, or I Liheslaturan Guåhan, respectively. The declaratory judgments may be issued only where it is a matter of great public interest and the normal process of law would cause undue delay. Such declaratory judgments shall not be available to private parties. The Supreme Court of Guam shall, pursuant to its rules and procedure, permit interested parties to be heard on the questions presented and shall render its written judgment thereon. 

So that last line is where we come in:

The Supreme Court of Guam shall, pursuant to its rules and procedure, permit interested parties to be heard on the questions presented and shall render its written judgment thereon. 

However, the part that caught my attention is this:

The declaratory judgments may be issued only where it is a matter of great public interest and the normal process of law would cause undue delay.

Is this really a matter of "great public interest." 

Per the abortion reports published between 2008 and 2018, the most abortions performed in a single year was 327 in 2008:

Source

According to the 2020 Census, Guam's population is 153,836. With a max of 327 abortions in any one year, that's 0.2% of the population. How does that equate to "a matter of great public interest?" 

It appears the only real interest is from the usual few led by the governor who has always been a radical pro-abort. 

Of course whether or not we are okay with killing innocent, defenseless human beings is always "matter of great public interest," however, the governor and her ilk ignore that reality and label said killing merely "health care." 

If abortion is only "health care," then there are certainly many health care concerns in Guam that are of exponentially much greater "public interest." Isn't there. 

And then there is the matter of whether or not the "normal process of law would cause undue delay." 

The governor today could introduce her own bill to ensure abortion is legal, fast track it through committee via her go-for's in the Legislature, then call the Legislature into special session for a vote. 

The whole matter could be wrapped up in a couple weeks. 

So, at least in my view, this declaratory judgment stuff fails on the essential provisions that permits it. I think I'll put that in my brief. 

NOTE: The ORDER pursuant to the Governor's "filing of a Request for Declaratory Judgment" can be found in full here

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