Another Lawsuit to Block PL 110-229

November 4, 2011

Rota resident Joaquin Atalig has filed a lawsuit through Saipan Attorney Joseph Horey in an attempt to block P.L.100-229. The lawsuit is obviously attempting to make a political statement. It begins:
Comes now Joaquin Quitugua Atalig, in vindication of his rights as a citizen on this Citizenship Day, and hereby sets forth his Complaint against Defendants . . .
The lawsuit appears to echo some of the same phrases from Fitial's lawsuit containing the "Covenant, self-government, sovereign nation" rhetoric as a basis for declaratory and injunctive relief.

Named as defendants are the United States; Barack Obama in his official capacity as President of the United States; Janet Napolitano, in her official capacity as Secretary of Homeland Security; Ken Salazar, in his official capacity as Secretary of the Interior; Hillary Clinton, in her official capacity as Secretary of State; Hilda Solis, in her official capacity as Secretary of Labor; and Eric Holder, in his official capacity as Attorney General of the United States.

The lawsuit seeks four causes of action:
FIRST CAUSE OF ACTION:
FOR A DECLARATION OF PLAINTIFF’S RIGHTS
PURSUANT TO THE COVENANT,
AND THE INJUNCTION OF LAWS AND ACTS
WHICH DEROGATE FROM SUCH RIGHTS

SECOND CAUSE OF ACTION:
FOR A DECLARATION OF PLAINTIFF’S RIGHTS
PURSUANT TO THE CONSTITUTION OF THE UNITED STATES,
AND THE INJUNCTION OF LAWS AND ACTS
WHICH DEROGATE FROM SUCH RIGHTS

THIRD CAUSE OF ACTION:
FOR A DECLARATION OF PLAINTIFF’S RIGHTS
PURSUANT TO THE TRUSTEESHIP AGREEMENT,
AND THE INJUNCTION OF LAWS AND ACTS
WHICH DEROGATE FROM SUCH RIGHTS

FOURTH CAUSE OF ACTION:
FOR A WRIT OF MANDAMUS
COMPELLING DEFENDANTS TO DEVELOP AND ESTABLISH
SELF-GOVERNMENT IN THE NORTHERN MARIANA ISLANDS
The lawsuit seeks the following relief:
1. As to the First Cause of Action, a declaratory judgment finding that the CNRA is lawfully unenforceable with respect to the CNMI, and a prohibitory injunction, prohibiting the named Defendants and their agents from taking any further action pursuant thereto; or a declaratory judgment finding that the implementation and enforcement of CNRA in the CNMI is valid and lawful only contingent upon the continuing consent of the people of the Northern Mariana Islands, which consent is subject to withdrawal in accordance with their constitutional processes.
2. As to the Second Cause of Action, a declaratory judgment finding that those provisions of the Covenant which authorize and allow the implementation and enforcement of the CNRA in the CNMI are unconstitutional, and a permanent prohibitory injunction against the Defendants, and each of them, and their respective successors in office, enjoining the implementation or enforcement of the CNRA in the CNMI.
3. As to the Third Cause of Action, a declaratory judgment finding that the Northern Mariana Islands do not enjoy the full measure of self-government required by the Trusteeship Agreement, and that United States is obliged to the people of the Northern Mariana Islands to establish a full measure of self-government in the Northern Mariana Islands; and a prohibitory injunction, prohibiting the named Defendants and their agents from engaging in actions which would tend to derogate from that right, including the implementation or enforcement of the CNRA.
4. As to the Fourth Cause of Action, a mandatory injunction requiring Defendants to take all steps reasonably necessary to establish a full measure of self-government in the Northern Mariana Islands, and to continue the progressive development of such self-government until it shall be fully and finally established.
5. Such other and further relief as the Court deems just and proper.
It is highly unlikely that this lawsuit will stop the implementation of the CNRA.

Read it:

4 comments:

Anonymous said...

Typo. You wrote "It is highly unlikely that this lawsuit will not stop the implementation"

Anonymous said...

Hey, as long as Horey's getting paid by the hour, no problemo. If he's doing it pro bono or on contingency, he'd do better to invest in Nigerian check scams.

Anonymous said...

when usa take over this island from japan and give US citizenship to all out sider islander that time where were to stop to get usa citizenship.look in your root you will find out where you really came from.now you people asking for your greedy rights.all are sick corrupted.they are all scared.wait for your time.you will go monkey house. what a abusive people.USA helping you to survive with lots of million grants.where did you spend? put in your own pocket.how you dare to sue our president? do u have respect for USA ? why are you in USA.you must go another country to immigrate.you do because you dont love american.ohhh you are an proud mixxxxxxxx.just forget sake.amen

Anonymous said...

This case is irelevent but one much more important to workers than this or Buckys.

A key issue of workers and their advocates has been the time served, worked, or spent in the NMI. The federal court has ruled time here prior to federalization doesn’t count toward any improved status attempt. The 9th circuit court is currently hearing an appeal of that ruling (Dr. Peter Eche & Mr. Jang vs US), and while no can guess that outcome, it might be noted, that this week the pro se litigants were given a court appointed attorney, which seems odd unless they think the case has merit. Or, maybe the US doesn’t want to lose to a Nigerian layman.