United States Ninth Circuit
Peter-Palican v. Government of the Commonwealth of the Northern Mariana Islands, 10-17153
The Ninth Circuit certifies the following legal questions to the Commonwealth Supreme Court of the Northern Mariana Islands: 1) Does Article III, section 22 of the Commonwealth Constitution mean that the Special Assistant may never be removed from that position without cause, or does it mean that the Special Assistant is protected against termination without cause only during the term of the appointing governor?; and 2) If the Special Assistant may never be removed for cause even beyond the term of the appointing governor, does Commonwealth law imply a private right of action for monetary damages against the Commonwealth or its officials for violation of Article III section 22?
Appellate Information
- Decided 03/12/2012
- Published 03/12/2012
Judges
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Douglas F. Cushnie, Gilbert J. Birnbrich