THE ORCS OF ADELUP

By Tim Rohr

Beginning at about 1:27:58 into this past Monday's Tall Tales, the show's host, Bob Klitzkie, takes a call from Senator Chris Duenas relative to what Bob characterizes as a "judicial free-for-all:" 

BOB: "...the Supreme Court is saying for this so-called Declaratory Judgment anybody who wants to can file an amicus brief without going through the process of asking for leave. So they’re turning a horrible judicial procedure - you wouldn’t think they could make it any worse - but they’re turning it into a judicial free-for-all because anyone of your constituents who can put together something that says Amicus Brief on the top and pony up the filing fee can probably go over and file it at the Supreme Court." 

Duenas concurred: 

"...if you look at the April 14th date it’s like general public - so how does general public even know how to prepare a matter to bring before the court in terms of praying on the court for the purpose and especially since really the question is not necessarily about pro or con on the issue it’s about a matter of law. "

Bob then cuts to the chase:

"Now Chris. Stop and step back for a minute and consider - as you say - that anybody can file on the 14th of April. Which side of the game do you think this favors?" 

Duenas responds:

"I mean absolutely. You could see the pile on already." 

What both Bob and Sen. Duenas are referring to is that the governor and her ACLU Orcs are already aggressively positioned to flood the Supreme Court with "template" briefs while the so-called pro-lifers have no leadership or direction even minutely comparable to what the governor and the ACLU is providing to their death-in-the-womb clones.

This, of course, is an indictment of why well-intentioned pro-life efforts, for decades, have failed, and will fail now. Pro-lifers traditionally rely on religious and emotional pleas - stuff legislatures and courts have no room for. 

Note: The Esperansa Project purposely divorced itself from church-based groups and religious and emotional arguments, which is why it was successful in reining in what was, in 2008, the most un-regulated abortion industry in the nation: Guam's. Beginning in 2008, Esperansa saw to the introduction of several pro-life bills, eight of which became law, and three of which the governor is aiming at in her action before the Supreme Court of Guam.

Meanwhile, allow me to demonstrate what Bob means when he asks Duenas "which side of the game do you think this favors?"

Upon the announcement that the Supreme Court of Guam is "asking for interested members of the community to weigh in on whether Guam’s 1990 abortion ban should stand," the Pacific Daily News ran an article which included what appeared to be a helpful note for the average "members of the community:"

"Interested parties can file a so-called “amicus brief” as an adviser to the case. For more information on how to submit a brief, contact the Clerk of the Supreme Court at justice@guamsupremecourt.com."

Pursuant to this very nice advice, I sent the following email:

The Court responded as follows. 

Notice that the Court did not provide any details on HOW to file - which was my direct question - only WHERE to file. Anyone who has ever dealt with the courts will know that HOW to file - i.e. the proper format - means all the difference between whether your "filing" will be thrown in the trash or counted. 

A few minutes later, the Court apparently had second thoughts about it's SPARSE response and sent me this:

However, this was even more insulting in a way. 

What lay person - who has no idea of how to communicate with the Supreme Court of Guam - would even know where to find "RULE 14?" 

Incredibly, but commensurate with Bob's cryptic question ("who do you think this favors?") the Supreme Court of Guam did NOT even provide a link or an attachment to said "RULE 14." 

But you can bet the governor and the ACLU know Rule 14, and have already crafted their template letters for their hordes. 

Having spent the last five years learning how to navigate the judicial system due to a personal matter, I at least knew what to google. Following is my filed Amicus Brief. Perhaps it can be used as a template even if you're not an Orc.

Note: It appears I forgot the "jurat," though I don't know if it's required. But just in case, go ahead and add "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief" before the "RESPECTFULLY SUBMITTED..." and then your name. 

PDF here