The CNMI Descent group is considered an “amicus curiae” —Latin for “friend of the court” — as a nonpartisan party with interest on the issue.
Saipan defense attorney Robert O’Connor is representing the group.
The U.S. Department of Justice, which represents DHS and the U.S. Labor Department, opposed the group’s participation, saying the CNMI Descent “is decidedly partisan toward the CNMI in this case.”
It said the group will just reiterate the same arguments raised by the governor’s lawyers.
The CNMI asserts that the federalization law violates certain provisions of the Covenant that guarantee the commonwealth’s right to self-government.
Further, it argued that federalization will result in an economic disaster for the fragile tourism-based economy of the Northern Marianas, whose private sector depends on nonresident workers.
The DOJ said these arguments are purely speculative and have no merits.
It said the action wasn’t even brought forth by the CNMI attorney general.
But the U.S. District Court for the District of Columbia judge said he is allowing the CNMI Descent’s motion to file a brief although it denied its request to present oral argument during the March 12 hearing.
“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. The court therefore will permit CNMI Descent to participate in this matter as amicus curiae by filing its proposed amicus brief,” said Judge Friedman in his March 6 three-page order.
“The court further concludes, however, that it 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. For that reason, the court will not permit CNMI Descent to present oral argument at the upcoming motions hearing,” he added.
Friedman also ordered that the March 12 hearing for the CNMI’s motion for preliminary injunction against the federalization provisions of U.S. Public Law 110-229 and the Justice Department’s motion to dismiss the case be heard 30 minutes earlier than the previous set time of 10 a.m.
Both the CNMI and the DOJ lawyers will be given 40 minutes to orally argue their case.
Three lawyers from the Washington-based law firm Jenner & Block will argue for the CNMI.
A team of DOJ lawyers will argue for DHS and the Labor Department.
