Limtiaco v. Camacho
Opinion of the Court
delivered the opinion of the Court.
The Legislature of Guam authorized Guam’s Governor to issue bonds to fund the Territory’s continuing obligations. Concluding that the bonds would violate the debt-limitation provision of the Organic Act of Guam, §11, 64 Stat. 387, as amended, 48 U. S. C. § 1423a, the attorney general
I
In 2003, Guam lacked sufficient revenues to pay its obligations. To supplement revenues, the Guam Legislature authorized the Governor to issue bonds worth approximately $400 million. See Guam Pub. L. 27-019. The Governor signed the new legislation and prepared to issue the bonds. However, under Guam law, Guam’s attorney general must review and approve all government contracts prior to their execution. Guam Code Ann., Tit. 5, § 22601 (1996). The attorney general concluded that issuance of the bonds would raise the Territory’s debt above the level authorized by Guam’s Organic Act. See 48 U. S. C. § 1423a (prohibiting debt “in excess of 10 per centum of the aggregate tax valuation of the property in Guam”). He therefore refused to approve the bond contracts.
The attorney general filed a petition for certiorari in the United States Court of Appeals for the Ninth Circuit. See §1424-2 (granting Ninth Circuit jurisdiction over appeals from Guam). The Court of Appeals granted the petition in October 2003. While the appeal was pending, Congress amended § 1424-2 and removed the language that vested jurisdiction in the Ninth Circuit over appeals from Guam. See §2, 118 Stat. 2208, 48 U. S. C. § 1424-2 (2000 ed., Supp. IV). In Santos v. Guam, 436 F. 3d 1051 (Jan. 3, 2006), the Court of Appeals addressed the effect of the amendment on its jurisdiction. The court held that Congress had stripped its jurisdiction not only prospectively, but also for pending appeals. Id., at 1054. Citing Santos, the Ninth Circuit dismissed the attorney general’s appeal in this case on March 6, 2006. See App. to Pet. for Cert. 39a.
The attorney general then filed a petition for certiorari in this Court. By statute, certiorari petitions must be filed “within ninety days after the entry of . . . judgment” in a lower court. 28 U. S. C. § 2101(c). The attorney general filed his petition more than 90 days after the judgment from
II
Only “a genuinely final judgment” will trigger § 2101(c)’s 90-day period for filing a petition for certiorari in this Court. Hibbs v. Winn, 542 U. S. 88, 98 (2004). In most cases, the 90-day period begins to run immediately upon entry of a lower court’s judgment. In some cases, though, the actions of a party or a lower court suspend the finality of a judgment and thereby reset the 90-day “clock.” Ibid. For instance, the timely filing of a petition for rehearing with the lower court or a lower court’s appropriate decision to rehear an appeal may suspend the finality of a judgment by “rads[ing] the question whether the court will modify the judgment and alter the parties’ rights.” Ibid, (citing Missouri v. Jenkins, 495 U. S. 33, 46 (1990)). So long as that question remains open, “‘there is no “judgment” to be reviewed,’” Hibbs, supra, at 98 (quoting Jenkins, supra, at 46), and §2101(c)’s 90-day period does not run.
The same reasoning applies here. In 2003, the Court of Appeals appropriately exercised discretionary jurisdiction over the attorney general’s appeal. See 48 U. S. C. § 1424-2. By granting the petition for certiorari, the Ninth Circuit raised the possibility that it might “modify the judgment” or “alter the parties’ rights.” Hibbs, supra, at 98. Thus, the Court of Appeals’ grant of certiorari suspended the finality of the Guam Supreme Court’s judgment and prevented the 90-day clock from running while the case was pending before
The Governor argues that the judgment was made final earlier — either when Congress enacted the statute depriving the Court of Appeals of jurisdiction or when the Court of Appeals decided in Santos that the statute applied to pending cases. But when Congress removed the Ninth Circuit’s jurisdiction over appeals from Guam, it did not dismiss this appeal. Likewise, when the Ninth Circuit determined in Santos that Congress had stripped its jurisdiction over pending appeals, the court did not finally determine the rights of the parties in this case. The jurisdiction-stripping statute and Santos may have signaled the Court of Appeals’ ultimate dismissal of the appeal, but neither created a final judgment in the still-pending case. The attorney general’s appeal remained pending until the Ninth Circuit issued its dismissal order. And the pendency of the appeal continued to “raise the question whether” any further action by the court might affect the relationship of the parties. Hibbs, supra, at 98. Accordingly, we hold that the judgment of the Guam Supreme Court did not become final, for purposes of this Court’s review, until the Court of Appeals issued its order dismissing the appeal.
We emphasize that our holding is limited to the unique procedural circumstances presented here. Specifically, our holding does not extend to improperly filed appeals or filings used as delaying tactics. See Morse v. United States, 270 U. S. 151 (1926) (holding that second application for leave to file motion for new trial did not suspend the finality of the lower court’s judgment).
III
Having determined that we have jurisdiction, we turn to the merits. As always, we begin with the text of the statute. See Nebraska Dept, of Revenue v. Loewenstein, 513 U. S. 123, 128 (1994). Guam’s Organic Act states that “no
Though it has no established definition, the term “tax valuation” most naturally means the value to which the tax rate is applied.
The Guam Supreme Court reached a contrary conclusion by interpreting the word “tax” to limit the kinds of property that qualify for inclusion in the debt-limitation calculation. But that interpretation impermissibly rearranges the statutory language. The word “tax” modifies “valuation,” not “property.” The phrase “tax valuation” therefore refers to the type of valuation to be conducted, not the object that is valued.
The Guam Supreme Court also contrasted 48 U. S. C. § 1423a’s language with explicit references to “assessed valuation” in the debt-limitation provision for the Virgin Islands. See § 1403 (“aggregate assessed valuation”). The court reasoned that, by using language in § 1423a that differed from that used in the Virgin Islands’ debt-limitation provision, Congress expressed its intent to base Guam’s debt limitation on something other than assessed value. We disagree. Certainly, Congress could have used the term “assessed valuation.” But if Congress had meant actual, market, or appraised value, it could have used any one of those terms as well. See N. W. Halsey & Co. v. Belle Plaine, 128 Iowa 467, 104 N. W. 494 (1905) (interpreting debt-limitation provision using phrase “actual value”). Or it could have left the word “valuation” unmodified: State courts interpreting other debt-limitation provisions have understood “valuation,” standing alone, to mean the market or cash value of property. See, e. g., Board of Ed., Rich Cty. School Dist. v. Passey, 122 Utah 102, 104-106, 246 P. 2d 1078, 1079 (1952). At least in
Our interpretation comports with most States’ practice of tying the debt limitations of municipalities to assessed valuation. See 15 É. McQuillin, Law of Municipal Corporations §41:7, p. 422 (3d ed. rev. 2005) (“Most of the constitutional and statutory provisions make the assessed value of the taxable property of the municipality the basis for ascertaining the amount of indebtedness which may be incurred . . . ”). States that depart from the majority approach use clear language to do so. See id., at 424-425 (“The standard is generally the assessed value of the property for taxation, rather than the actual value, where the two are different; but where the constitution or statute uses the term ‘actual value,’ such value governs rather than the taxable value” (citing N. W. Halsey & Co., supra; footnote omitted)). Congress has not used such language here. Indeed, as discussed earlier, only a strained reading of “tax valuation” would suggest a departure from the majority approach.
The Governor suggests that our interpretation would result in no debt limitation at all because Guam may arbitrarily set its assessment rate above 100 percent of market value. For two reasons, we think the Governor has overstated this concern. First, most States have long based their debt limitations on assessed value without incident. Second, a strong political check exists; property-owning voters will not fail to notice if the government sets the assessment rate above market value.
Finally, the Governor mistakenly argues that we owe deference to the Guam Supreme Court’s interpretation of the Organic Act. It may be true that we accord deference to territorial courts over matters of purely local concern. See Pernell v. Southall Realty, 416 U. S. 363,366 (1974) (reviewing District of Columbia Court of Appeals’ interpretation of D. C. Code provision). This case does not fit that mold, however. The debt-limitation provision protects both Guamani
IV
For the foregoing reasons, we reverse the judgment of the Guam Supreme Court and remand the case for proceedings not inconsistent with this opinion.
It is so ordered.
At the time suit was filed, Douglas Moylan served as Guam’s attorney general. Alicia Limtiaco has since been elected to the position, and she continues the case in Moylan’s place.
The Guam Legislature passed a law attempting to define the term “tax valuation.” See Guam Code Ann., Tit. 11, §24102/0, available at http:// www.guamcourts.org/justicedocs/index.html (as visited Mar. 16, 2007). But that term appears in Guam’s Organic Act, which is a federal statute. As the Guam Supreme Court correctly determined, Guam’s territorial legislature cannot redefine terms used in a federal statute.
Concurring in Part
with whom Justice Stevens, Justice Ginsburg, and Justice Alito join, concurring in part and dissenting in part.
I agree that the petition for writ of certiorari was timely, and join Part II of the Court’s opinion. I disagree, however, that the phrase “tax valuation” in the Organic Act of Guam, § 11, 64 Stat. 387, as amended, 48 U. S. C. § 1423a, refers unambiguously to assessed value. If I could not go beyond statutory text and the sources relied upon by the Court, a coin toss would be my only way to judgment. But I look to congressional purpose, which points to appraised value as the meaning of the term, leaving me in respectful dissent.
The words “tax valuation” can plausibly be read in either of the ways the parties suggest: as synonymous with assessed value (the way the attorney general and the Court read them), because it is the assessed value to which the tax rate is immediately applied, Guam Code Ann., Tit. 11, §§ 24102(f), 24103 (1996), or as meaning appraised value, because the appraisal is a “valuation” for “tax” purposes. The Court concedes that the term “tax valuation” has no eanoni
I see no tie-breaker in comparing Guam’s debt limitation with those of other Territories. In each Territory mentioned by the parties, when Congress imposed a territorial debt limitation the assessed value was equal to the actual value of the property.
Comparing state practices is no help, either. The Court says that “States that depart from the majority approach” of linking debt limitations to assessed value “use clear language to do so,” ante, at 491, but in the preceding paragraph the majority recognizes that state courts “have understood ‘valuation/ standing alone, to mean the market or cash value of property,” ante, at 490. So it seems a stretch to suggest that state laws offer a clear rule that Congress may be pre
In sum, the congressional mind does not emerge from the words “tax valuation” or any settled construction of that phrase. Fortunately, though, the purpose of the legislation does point to a likely reading. The statute itself makes clear that what Congress meant to provide was a practical guarantee against crushing debt on the shoulders of future generations, and insolvency with the inevitable call for a bailout by Congress. See United States Nat. Bank of Ore. v. Independent Ins. Agents of America, Inc., 508 U. S. 439, 455 (1993) (“ ‘[L]ook to the [law’s]... object and policy’ ” (quoting United States v. Heirs of Boisdoré, 8 How. 113, 122 (1849))).
The attorney general claims that her reading is a better fit with these objectives because it ties the legislature’s ability to incur debt to its willingness to tax. But this is hardly so. Under the attorney general’s approach (now the Court’s), the Guam Legislature could double the debt limitation without increasing taxes by a single penny, simply by doubling the assessment rate and cutting the tax rate by half.
Although it is arguable that tying the debt ceiling to the assessed value may to some vague degree enhance legislative accountability by requiring action to raise the debt eeil
The more practical understanding of what must have been intended is a statute tying the debt limitation to Guam’s capacity to tax property. The actual, market value of property is the only economic index of Guam’s ability to collect property taxes to pay its bills,
I would affirm.
The phrase “tax valuation” had been used in debt limitations for other Territories, see ch. 34, 41 Stat. 1096 (Puerto Rico); ch. 203, 42 Stat. 599 (Philippines), but in each of those Territories the issue in this case was irrelevant because assessed and appraised values were equal. See infra this page and 494, and nn. 3-4.
Though the Court finds the appraised value to be “a step removed from taxation,” ante, at 490, the connection of the appraised value to the tax ultimately imposed is direct enough. It is true that the tax computation requires multiplying the appraised value by two percentages (first 35 percent to get the assessed value, Guam Code Ann., Tit. 11, § 24102(f) (1996), and then the 0.25 percent tax rate, § 24103) while the assessed value must only be multiplied by a single percentage. But as a practical matter, tying the tax to the assessed value ties it to the appraised value: multiplying the appraised value by 0.0875 percent (35 percent times 0.25 percent) will give you the tax every time.
48 U. S. C. § 1401a (“[A]ll taxes on real property in the Virgin Islands shall be computed on the basis of the actual value of such property”); Haw. Rev. Stat., ch. 98, § 1212 (1905), Lodging of Respondent (Doc. 2b) (“[A]ll
The percentage of the valuation at which the various debt limitations were set likewise provides no basis for inferring that Congress had different intentions for different Territories. When the Organic Act of Guam was passed in 1950, each of the debt limitations in the Territories mentioned in n. 3, supra, was also set at 10 percent of the relevant valuation. See 48 U. S. C. § 1403 (Virgin Islands); 42 Stat. 116 (Hawaii); ch. 34, 41 Stat. 1096 (Puerto Rico); ch. 203, 42 Stat. 599 (Philippines).
The specter of mischief extends to an attempt to set the assessment rate above 100 percent. The Court contends that political or practical constraints would foreclose this maneuver. See ante, at 491. After today’s decision, I suppose we may find out.
The attorney general’s position would be strengthened if the assessment rate appeared in the Organic Act itself, for then the legislature would lack the power to change it. This state of affairs would be analogous to an assessment rate appearing in a state constitution. See, e. g., Colo. Const., Art. X, §3(l)(b); La Const., Art. VII, § 18(B). But the Organic Act set no assessment rate, leaving that up to the Guam Legislature.
It is not, of course, the only index of Guam’s capacity to pay its bills; income taxation is an obvious source of revenue, see 48 U. S. C. §§ 1421i(a)-(b) (authorizing Guam to collect income tax).
Reference
- Full Case Name
- Limtiaco, Attorney General of Guam v. Camacho, Governor of Guam
- Cited By
- 34 cases
- Status
- Published