US court allows local group to join federalization lawsuit

U.S. District Court for Washington, D.C. Judge Paul L. Friedman granted the request of the CNMI Descent for Self-Government and Indigenous Rights Inc. to join the CNMI government’s lawsuit against federalization.

However, the judge denied the local group’s request for time to present oral arguments.

In a March 6 memorandum opinion and order, Friedman granted CNMI Descent’s motion to file a brief and participate as amicus curiae in the case.

The term amicus curiae (friends of the court) refers to someone not a party to a case who offers information on a point of law or some other aspect of a case to assist the court in deciding an issue or issues. It is, however, the court’s discretion whether to accept the volunteered information.

“Upon careful consideration, the court concludes that CNMI Descent’s proposed amicus brief will assist the court in this matter because it includes unique arguments not to be found in the parties’ briefs,” said Friedman.

But Friedman said the court need not hear oral argument from CNMI Descent at the upcoming motions hearing in order to obtain the full benefit of CNMI Descent’s views.

In his three-page order, Friedman also rescheduled the motions hearing on March 12, from the original schedule of 10am to 9:30am.

The court requires the CNMI government to make a 40-minute presentation of its claims and arguments in support of its motion for a preliminary injunction.

It also asks the U.S. government to make a 40-minute argument in support of their motion to dismiss and in opposition to plaintiff’s motion for a preliminary injunction.

Each party will also be granted 20 minutes for their rebuttals.

Former House Speaker Oscar Rasa, the official spokesman and adviser of the CNMI Descent for Self-Government and Indigenous Rights Inc., earlier said that while the administration’s arguments rely heavily on the potential economic harm that the federalization law will bring about, their group will focus on the right to self-government as embodied in the Covenant between the CNMI and the U.S. government.

He said the issue of self-government is more fundamental than economic issues.

The CNMI Descent is represented by Atty. John E. Dury who is based in Washington, D.C., and Atty. Robert J. O’Connor of the Saipan-based O’Connor Berman Dotts & Banes law firm.

The CNMI government, represented by Gov. Benigno R. Fitial’s special legal counsel Howard P. Willens and the Washington, D.C.-based Jenner & Block LLP law firm, does not oppose CNMI Descent’s amicus brief.

But in its March 5 filing, the CNMI government opposed allotting any of the time set aside for oral argument to the proposed amicus.

Lawyers for the U.S. government, in a March 6 filing, opposed CNMI Descent’s motion to participate as amicus curiae, and its motion for leave to present oral argument for 10 minutes at the motions hearing.