United States Third Circuit

In a U.S. Virgin Island citizen's action challenging his inability to vote in U.S. presidential elections or be represented in Congress, and the Virgin Island's status, dismissal of the action is affirmed based fully on the district court's opinion and rationale, which properly rejected claims that: 1) plaintiff has a constitutional right to vote in presidential elections; 2) he has the right to be represented in Congress by a regular voting member; 3) the Revised Organic Act of 1954 is unconstitutional; 4) Congress does not have the power to confer citizenship upon persons born in the Virgin Islands after 1917; and 5) the International Covenant on Civil and Political Rights provides residents of the Virgin Islands with substantive rights, including the right to vote for President of the U.S.

Appellate Information

• Decided 05/10/2007
• Published 05/10/2007

Judges

• Before SLOVITER, STAPLETON, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Krim M. Ballentine, St. Thomas, V.I., Pro Se Appellant.


• For Appellees:
  
• Michael J. Singer, United States Department of Justice, Civil Division, Matthew M. Collette, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, Jocelyn Hewlett, Office of United States Attorney, Charlotte Amalie, St. Thomas, USVI, for Appellee.