1:12-cv-00097
D.V.I.Oct 5, 2012Background
- Plaintiffs Adelbert Bryan and Mary Moorhead seek a TRO to restrain the Fifth Revision Convention.
- Act No. 7386 establishes the Fifth Revision Convention to revise the draft Virgin Islands Constitution during Oct. 1–31, 2012.
- Plaintiffs claim Act 7386 conflicts with Public Law 94-584 and Senate Joint Resolution 33, arguing preemption.
- Court analyzes federal preemption, including conflict preemption and the authority granted by federal laws.
- Court finding: no likelihood of success on the merits; TRO denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Act 7386 is preempted by federal law | Bryan/Moorhead contend Act 7386 conflicts with federal law | Legislature/Governor argue no conflict | No likelihood of success; no preemption proven |
| Whether Public Law 94-584 preempts Act 7386 | Public Law 94-584 conflicts with Act 7386 | No conflict; harmony with §§ 2-3 | No preemption; not in conflict |
| Whether Joint Resolution 33 preempts Act 7386 | SJR 33 requires reconvening by Fifth Constitutional Convention | SJR 33 is precatory, not mandatory | No preemption; SJR 33 lacks affirmative command |
| Whether plaintiffs show likelihood of success on the merits | Act 7386 improperly expands authority | Act 7386 aligns with federal law | No likelihood of success; TRO denied |
Key Cases Cited
- Treasurer of N.J. v. U.S. Dep’t of Treasury, 684 F.3d 382 (3d Cir. 2012) (Supremacy Clause; preemption asks for conflict with affirmative command)
- Green v. Fund Asset Mgmt., L.P., 245 F.3d 214 (3d Cir. 2001) (burden on party claiming preemption)
- Farina v. Nokia Inc., 625 F.3d 97 (3d Cir. 2010) (conflict preemption considerations; standards)