116 F.4th 830
9th Cir.2024Background
- Andrew Salas, a resident of the Commonwealth of the Northern Mariana Islands (CNMI), challenged the application of a federal law prohibiting cockfighting (7 U.S.C. § 2156 and its 2018 Amendment) to the CNMI.
- The relevant legal framework is the Covenant establishing the CNMI as a U.S. Commonwealth, which defines which federal laws apply to the CNMI and under what conditions.
- Salas argued that the federal cockfighting prohibition does not apply to the CNMI under the Covenant, specifically referencing sections 103, 105, and 502 regarding self-government and applicability of federal laws.
- The district court dismissed Salas’s complaint with prejudice, holding that § 2156 and its amendment apply to the CNMI under Covenant § 502.
- Salas appealed, and the Ninth Circuit reviewed whether the federal law and amendment properly apply to the CNMI under the Covenant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 2156 apply to the CNMI under Covenant § 502? | Not a law of general application in 1978; did not apply to CNMI or Guam as cockfighting was legal | § 2156 was applicable to Guam and the States, regardless of local law differences | Yes, § 2156 was applicable to Guam and the States, so it applies to CNMI |
| Does Covenant § 105 govern amendments to pre-1978 laws? | 2018 Amendment is a new law; must meet § 105's requirements to apply | Amendments to existing laws fall under § 502, not § 105 | Only § 502 governs, so § 2156 and the 2018 Amendment apply |
| Does the application of § 2156 and its Amendment intrude on CNMI's right to self-government under § 103? | Law intrudes into CNMI's internal affairs—cockfighting regulation is a local matter | Federal interests (interstate commerce, humane treatment, avian flu prevention) outweigh any intrusion | The federal interests outweigh any local intrusion, so law applies |
| If both §§ 502 and 105 apply, does § 2156 and 2018 Amendment pass the needed balancing test? | Law does not meet balancing test; insufficient federal interest | Statute serves significant federal interests | Even under balancing, federal interests prevail, law applies |
Key Cases Cited
- United States ex rel. Richards v. Guerrero, 4 F.3d 749 (9th Cir. 1993) (framework for applying federal laws to CNMI under Covenant)
- N. Mariana Islands v. Atalig, 723 F.2d 682 (9th Cir. 1984) (Covenant defines unique U.S.-CNMI relationship)
- Hillblom v. United States, 896 F.2d 426 (9th Cir. 1990) (Covenant solely determines U.S. authority over CNMI)
- Micronesian Telecomm. Corp. v. NLRB, 820 F.2d 1097 (9th Cir. 1987) (interpretation of Covenant provisions and legislative history)
- Northern Mariana Islands v. United States, 279 F.3d 1070 (9th Cir. 2002) (defining "applicable to Guam" under the Covenant)
- United States v. Chang Da Liu, 538 F.3d 1078 (9th Cir. 2008) (requirements for applying balancing test to laws under Covenant)