IT'S THE LATTER, BUT WHAT'S NEW?

By Tim Rohr

Once again (I said it before here), all Governor LLG has to do to get rid of this issue is to get her buddies in the legislature to introduce a bill to repeal "Belle's Law," P.L. 20-134, which was left on the books after it was enjoined by the Guam District Court more than 30 years ago. 

Given the legislation they have already introduced, Sens. Fisher and Parkinson would be LLG's most likely prospects for getting this done. In fact, LLG doesn't even need Fisher and Parkinson, she has the power to introduce a bill "By request of I Maga 'lahen Guahan in accordance with the Organic Act of Guam."

But for some reason, she (LLG) appears to want this fight with AG Moylan to drag on. 

Moylan cannot introduce legislation (as can the governor), nor can he or should he influence anyone in the legislature to do so (as can the governor). Moylan can only do one thing: enforce the laws of Guam -  and P.L. 20-134 is a law of Guam, but due to a District Court decision, it remains enjoined (unenforceable) despite the fact that the reason it was enjoined 30 years (Roe) is no longer a reason for it to remain enjoined. What a mess.

Typical of LLG, who fights as dirty as abortion is bloody, she tried to do an end-run around Moylan after he appealed the District Court's decision to the Ninth Circuit, which is the proper court of appeals relative to decisions made by the Guam District Court.

Instead of taking her dirty fight to the Ninth Circuit, where she had a good chance of losing given the Ninth's earlier decision in another abortion matter, she got the Guam Supreme Court to weigh in on whether or not Belle's Law was valid.

The problem for LLG was that the Supreme Court had no jurisdiction to issue a "decision" in the matter, especially since "decisions" are not what the Guam Supreme Court issues (only opinions). However, because of a typical OOG quirk in the law, the Court was able to issue something called a "declaratory judgment" which in fact is not a "judgment," but once again, only an opinion, and certainly not a decision - moreover, the court's opinion was not "actionable."

(Note: Ironically, the Guam Supreme Court based its opinion that Belle's Law was invalid on four abortion regulating laws that I had helped author and pass over a decade ago - which, due to Roe, had to continue to allow abortion though the legislation sought to rein it in without violating Roe. Those laws were four of eight we helped pass and enact and led to the shutting down of the abortion industry in Guam by 2018.)

By the time the Guam Supremes issued their opinion, Moylan had already filed his appeal with the Ninth Circuit, but put it on hold to file a different appeal with the Supreme Court of the United States which questioned whether or not the Guam Supremes had the authority to weigh in on the matter at all.

The U.S. Supreme Court chose not to hear the matter which sent Moylan back to his first matter of business which is his appeal of the Guam District Court's decision before the Ninth Circuit.

However, with more dirt and lies from Lou in today's news, you'd think that both the Guam Supreme Court and the U.S. Supreme Court have ruled in Lou's favor and in the governor's words, Moylan's case is "moot."

Of course that's what Lou wants us to think because who in the world can keep track of this 30-year old mess? 

LLG argues: "This court (9th Circuit) does not have appellate authority over the Guam Supreme Court." 

Umm, Ms. Governor, Moylan is not appealing the Guam Supreme Court's opinion to the 9th Circuit, HE APPEALING THE DECISION OF THE GUAM DISTRICT COURT which DOES HAVE APPELLATE AUTHORITY over the District Court.

So either Lou doesn't know what's going on or she is lying. 

It's the latter. But what's new?