Saturday, December 4, 2021
Hawai'i Free Press

Current Articles | Archives

Friday, January 15, 2016
Supreme Court to Consider Nai Aupuni Contempt Today
By Robert Thomas @ 12:48 AM :: 6406 Views :: Akaka Bill, OHA

Final Brief: Everyone's A Winner - Seating All Candidates In Cancelled Hawaiians-Only Election Was "Certification" Of The Election Result

by Robert Thomas, InverseCondemnation, January 7, 2016

Here's the final brief relating to the challengers' motion for civil contempt, which asks the U.S. Supreme Court to hold in contempt the State, the Governor, OHA and its trustees, and Nai Aupuni, for violating the Court's earlier injunction that no ballots were to be counted, and the results were not to be certified prior to a ruling on the merits by the Ninth Circuit.

After the Court's order, Nai Aupuni called off the election (after previously extending the deadline by three weeks), and promised to never, never, never count the ballots that had already been submitted. Nai Aupuni then invited all of the (former) candidates to attend the convention.

The plaintiffs' brief argues:

The oppositions to the Motion for Civil Contempt (“Mot.”) submitted by Respondents Na’i Aupuni and the Akami Foundation (“Na’i Aupuni Opp.”) and State of Hawaii and the Office of Hawaiian Affairs (“State Opp.”) are long on indignation but short on substance. Instead of addressing Movants’ arguments as to why they have violated the Temporary Injunction, Respondents suggest that the Motion seeks to newly enjoin them from holding a private gathering. But that is not now—nor has it ever been—the issue in this case. From the outset, the issue has been the state-run, race-based process that Respondents used to select convention delegates in violation of the Constitution. Respondents’ ingenious plan to seat all delegates instead of some of them does not alter this basic set of facts.

Reply at 1.

We posted the motion here, and Nai Aupuni's opposition here.

The contempt motion is on the Court's January 15, 2016 conference calendar, so we should know the results soon after that.

PDF: Reply in Support of Motion for Civil Contempt, Akina v. Hawaii, No. 15A551 (Jan. 6, 2016)

  *   *   *   *   *

Nai Aupuni's Response To SCOTUS Contempt Motion

by Robert Thomas, InverseCondemnation, January 7, 2016

Nai Aupuni and the Akamai Foundation, the proponents and organizers of the Native Hawaiians-only "Oprah" election for delegates to a convention to organize a new Hawaiian government, have responded to the election objectors' SCOTUS motion for contempt.

The Motion for Civil Contempt asked the Supreme Court to slap the State, the Governor, OHA and its trustees, and Nai Aupuni, for violating the Court's earlier injunction that no ballots were to be counted, and the results were not to be certified prior to a ruling on the merits by the Ninth Circuit. After the Court's order, Nai Aupuni called off the election (after previously extending the deadline by three weeks), and promised to never, never, never count the ballots that had already been submitted. Nai Aupuni then invited all of the (former) candidates to attend the convention.

The contempt motion argued that this was too clever by half, and asserted that calling off the election and declaring that all candidates would be invited was the same as saying that all 196 candidates had won (the election was for 40 seats). Hence, the "Oprah" designation.

Nai Aupuni's response highlights the key issue -- was the election "terminated" as Nai Aupuni claims, and thus the Court's orders were not violated, or was inviting all (former) candidates to attend a sleight-of-hand workaround to reaching the same result which the Court prohibited?

After this Court granted the injunction, and even before the deadline for casting ballots, Naʻi Aupuni terminated the election, and it has not counted the ballots or certified any winners of that election. Instead to take advantage of the heightened interest within the Native Hawaiian community generated by the aborted election, Naʻi Aupuni decided to organize an ʻaha, or gathering, of Native Hawaiians who formerly were candidates in the now canceled election, as is their right under the First Amendment. Naʻi Aupuni’s actions are in complete compliance with this Court’s injunction order.

Op. at 1.

Nai Aupuni claims that it has a right to asssemble, independent of its (former) efforts to organize an (arguably illegal) election, and thus the Court cannot enjoin its present efforts.

The contempt motion is on the Court's January 15, 2016 conference calendar, so we should know the results soon after that.

Respondents Nai Aupuni and the Akamai Foundation's Opposition to Applicants' Motion for Civil Con...

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Life Alliance

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT