Saturday, March 28, 2020
Hawai'i Free Press

Current Articles | Archives

Friday, April 08, 2016
9th Circuit Says Hawaii Cannabis Church Bogarted Evidence
By Robert Thomas @ 7:42 PM :: 4985 Views :: Environment, Land Use, Office of Elections, Drugs

Friday Reading: SCOTUSblog's Shout-Out; 9th Circuit Says Church Bogarted Evidence In Cannabis Claim; Are Agencies To Blame For Telescope Delay?; WWII Guam Land Seizures Case Moves Forward

by Robert Thomas, Inverse Condemnation, April 8, 2016

Here's what we are reading today:

  • Here's the equivalent of law blogger nirvana: a link to one of your pieces by SCOTUSblog: "There is still more commentary on Monday’s ruling in Evenwel v. Abbott, holding that states and local governments may use total population to draw legislative districts. In posts at casetext, Robert Thomas asserts that the ruling “reaffirmed the principle that we the people mostly get to choose who will be included in ‘We The People,’ and when all are included, the federal courts will not interfere.”
  • In Oklevyeha Native American Church of Hawaii, Inc. v. Lynch, No. 14-15143 (9th Cir. Apr. 6, 2016), a panel of the Ninth Circuit concluded that a Hawaii church which uses marijuana as part of its doctrine did not have a claim under RFRA to prevent it from being prosecuted under the Controlled Substances Act. The court held that the church was not forthcoming with evidence that the federal prohibition forced it to act contrary to its religious beliefs, which hold that weed is a substitute for peyote. Because it didn't show that peyote was not available, it doesn't have to choose between practicing its religion and obeying the law. And there's no requirement in doctrine for church members to use weed. "Nothing in the record indicates [the church] face[s] such a dilemma, because they have expressly told us that foregoing cannabis is not contrary to their religious beliefs." Slip op. at 8-9. Next case: look for the Church to amend its doctrine to require weed. I'm just sayin, man.
  • In this piece, the editorial board of Honolulu Civil Beat asserts "The State Must Be Held Accountable On TMT Process." This editorial is in reaction to the Hawaii Supreme Court's recent opinion on the Thirty Meter Telescope, and argues, "[l]est any telescope supporter point the finger of blame at Native Hawaiian opponents, let’s be clear: This is a problem of the state’s own making." We can't agree totally. Yes, the court did rightly conclude unanimously that the State Board of Land and Natural Resources denied the objectors due process when it issued a conditional permit before it conducted the contested case hearing. But as we wrote here, agency incompetence or being driven by a desire to approve the project no matter what does not explain the entire picture as the Civil Beat piece argues. The editorial states, "[t]he whole affair is a classic example of state leaders cutting corners to ensure the outcome they want rather than trusting the legal process to yield the best result. Had the board simply followed usual — and legal — procedures in evaluating the permit application, it might well have ended up with a properly granted permit; and construction of the telescope might already be well underway." Not quite, in our view. First, make no mistake, the procedural objections raised were not the end goal, only the means (as such claims are in most cases), and the goal was always (and remains) to stop the project permanently. So the objectors will not be blameless should the TMT pack up and head for Chile or India instead. Second, the cart-before-the-horse process was most probably the result of the unclear and confusing procedures that agencies follow when a quasi-legislative body like the BLNR is required by Hawaii's administrative statutes and rules to switch hats midstream and transform into a quasi-judicial tribunal and afford anyone who wants to intervene with due process. Due Process is hardly a bad thing, but come on, you can't solely blame the agency for making what appears to be a good-faith effort to afford process while moving the TMT's application forward.        
  • In Crawford v. Antonio B. Won Pat International Airport Auth., No. 15-000001 (D. Ct. Guam Mar. 31, 2016), the District Court of Guam (a federal court for the Territory under Article IV -- yes, and Article IV court) rejected the defendants' motion to dismiss a class action claim for the takings of ancestral lands. As this story notes, "[a]ncestral landowners in Guam  ... claim they were never fully compensated for property confiscated during World War II will have their day in court, a federal judge has ruled." A case to watch.

Enjoy the weekend.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

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 Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

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

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

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

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT