Governor Lou Leon Guerrero on Wednesday filed a request with the Supreme Court of Guam seeking clarification on the scope of her authority under the Organic Act of Guam to establish and maintain public health services, including hospitals.
The petition asks the court to issue a declaratory judgment explaining how the governor’s federally assigned responsibility operates alongside statutes enacted by the Guam Legislature and whether those laws may be interpreted or applied in a way that limits the executive branch from carrying out duties assigned by Congress.
“This request is about clarity in the law,” Leon Guerrero said in a statement. “Congress placed the responsibility to establish and maintain hospitals in Guam with the Governor. The Court’s guidance will help ensure that responsibility can be carried out in a way that is both consistent with the Organic Act and Guam law.”
The governor emphasized that the filing does not challenge the Legislature’s authority to enact laws governing appropriations, procurement or other public policy matters.
“This request respects the Legislature’s important role in shaping public policy,” she said. “At the same time, when Congress assigns a specific duty to the Executive Branch, the law must be clear about how that duty can be carried out.”
According to the release, the administration argues that resolving the issue now will help prevent legal uncertainty when the executive branch carries out responsibilities under the Organic Act. Without judicial guidance, disagreements over the interaction between local statutes and federally assigned duties could delay the delivery of critical public health services.
Rather than pursue traditional litigation that could take years, the governor is asking the high court to address the legal question directly under its declaratory judgment authority.
“Seeking clarity from the Court allows us to resolve this question in a timely manner so our government can remain focused on serving the people of Guam,” Leon Guerrero said.