Guam Governor Lourdes Guerrero and Attorney General Douglas Moylan continue to engage in a high-stakes dispute over a decades-old abortion ban. The ban dates back to the 1990s, when a federal district court in Guam blocked a total ban on abortion enacted by the territory’s legislature because it conflicted with Roe v. Wade.
Following the Supreme Court’s ruling two years ago in Dobbs v. Jackson Women’s Health Organization, which overturned Roe, the Attorney General sought to lift the ban. Contrarily, the Guam Supreme Court ruled that more recent abortion laws have effectively invalidated the ban.
The narrative traces back to the court’s 1992 landmark decision in Planned Parenthood of Southeastern Pennsylvania v. Casey. When the Supreme Court reaffirmed the constitutional right to abortion, many were surprised, including the Guam legislature, which had enacted a total ban on abortion in 1990, expecting states’ rights to prevail soon.
Fast forward to the present, and the case of Dobbs has effectively negated Roe and Casey, overturning the constitutional right to abortion. Prompted by this change, Douglas Moylan went to federal court, seeking to lift the hold on the 1990 ban. Governor Lourdes Guerrero was among the challengers opposing Moylan’s request.
The Attorney General also opposed when the Governor turned to the Guam Supreme Court, asking the court to decide whether the ban remains valid and thus capable of resurrection. The court, however, ruled the ban illegal citing the enactment of later laws regulating abortion that were designed to be consistent with Roe and Casey. Moylan has subsequently asked the justices to vacate the Guam Supreme Court’s ruling in Moylan v. Guerrero, arguing that the law allowing the territory’s high court to issue declaratory judgments violates the separation of powers.
This ongoing standoff in Guam signals wider implications for abortion laws, judicial authority, and the dynamics between local and federal courts. As the ruling awaits resolution in the Ninth Circuit, the legal and political world keeps a watchful eye.
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