In a 29-page complaint for declaratory and injunctive relief, the governor is asking the U.S. District Court for the District of Columbia to issue a permanent injunction against the U.S. government.
The governor said the CNMI federalization law violates certain provisions of the Covenant, specifically the commonwealth’s right to self-government.
The lawsuit described the federalization law as “onerous, discriminatory and burdensome.”
In a statement released yesterday, Gov. Benigno R. Fitial said he is “taking this action so that we can get the answer to an important legal question. We need to know whether the U.S. Congress can legislate in an area reserved for local self-government by our Covenant. The only way to get an answer to this legal question is to turn to the court.”
He added, “I could not wait any longer. We need an answer from the court before June 1, 2009. We have to allow time for the court process to work and for all parties to be heard.”
According to Fitial, the U.S. Congress “has tried to overturn our labor laws and take away all our labor revenues. They have tried to reduce the number of foreign workers in the commonwealth to zero. Whether they have the power to do so is a question of law. Our Covenant is a legal document. We are the only U.S. territory to have such a legal document granting the right of local self-government. Now there is a question about what the right of local self government means. So we are asking the court to resolve this question.”
He reiterated that no funds for public services will be used to finance the complaint that the Washington-based law firm Jenner & Block LLP will file on behalf of the CNMI government.
But he did not specify where the money will come from.
Lawmakers have opposed the filing of the lawsuit, saying that the governor should instead negotiate with the federal authorities.
