In a one-page status report, acting Assistant Attorney Michael F. Hertz, District Court Section Director David J. Kline, Principal Assistant Director Victor M. Lawrence and trial attorney Theodore Atkinson, reported to U.S. District Court of Columbia Judge Paul Friedman that Homeland Security Secretary Janet Napolitano ordered on March 31 to delay until Nov. 28 the date of the implementation of the federalization law.
They submitted as exhibits a letter from the U.S. Department of Homeland Security and a press release from its regional media director, Marie Thérése Sebrechts, announcing the delay.
The CNMI government “argued that the court should issue a preliminary injunction based, among other things, on the imminent harm that would result if the challenged provisions of Title VII of the Consolidated Natural Resources Act of 2008, or U.S. Public Law 110-229, took effect on June 1, 2009,” the U.S. DOJ lawyers said.
“Thus, in addition to the reasons provided at oral argument on March 12, 2009, the delayed implementation of the [law] from June 1, 2009 to November 28, 2009 is further justification for this court to deny plaintiff’s motion for a preliminary injunction,” they added.
On March 12, Friedman placed under advisement the CNMI’s motion for a preliminary injunction and that of the U.S. DOJ’s motion to dismiss the island-government’s case.
His opinion is expected to be released within a few weeks.
In Sept. 2008, the CNMI, through the Washington-based law firm Jenner & Block and the governor’s special legal assistant Howard P. Willens, sued DHS and the U.S. Department of Labor over the federalization law.
