Sunday, May 31, 2020
Hawai'i Free Press

Current Articles | Archives

Tuesday, March 31, 2009
Supreme Court 9-0: "The Apology Resolution did not strip (the State of) Hawaii of its sovereign authority"
By Andrew Walden @ 9:29 AM :: 8236 Views :: Akaka Bill, DHHL, Land Use, OHA

by Andrew Walden

How wrong is the Hawaii State Supreme Court?  Their unanimous decision just got unanimously reversed by the US Supreme Court

The US Supreme Court has ordered the Ceded lands case back to the Hawaii Supreme Court for re-trial based entirely on State Law.  Expect lots of games in the Legislature and in the courts as OHA seeks to grab the some or all of the State's power over its own land.  The totally politicized hacks on the Hawaii Supreme Court will seek other (non-federal) justifications to stop sale of ceded land. 

Everybody needs to start asking the question that nobody asks: "Does this OHA land grab benefit anyone other than the OHA Trustees?"  Answer: "No.  In fact OHA's land grab comes at the expense of everybody in the State including Hawaiians."

How did this case begin?  With OHA suing to block construction of affordable housing.  Why are Hawaiians leaving Hawaii?  Lack of affordable housing.

How difficult is this to figure out? 

The U.S. Supreme Court's ruling can be downloaded at the following site: http://www.inversecondemnation.com/files/07-1372-1.pdf 

The case against OHA: OHA driving Hawaiians out of Hawaii

more later....  

Star-Bulletin: In its 12-page opinion the high court said Hawaii’s Supreme Court “incorrectly” based  its decision on a federal law, adopted by Congress in 1993. That federal law, commonly known as the Apology Resolution, acknowledged and apologized for the U.S. role in the overthrow of the Hawaiian monarchy in 1893 and expressed support for "reconciliation between the United States and the Native Hawaiian people."

Today, the high court’s opinion, written by Justice Samuel Alito, said: "The Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union."

In reversing the Hawaii State Supreme Court’s ruling, the nine justices of the U.S. Supreme Court sent the ceded land sale issue back to the Hawaii justices and said the case should be decided based on state law and not any federal laws.

Advertiser: The court's unanimous decision overturns a ruling by the Hawaii Supreme Court that blocked the sale of land conveyed to Hawaii when it became the 50th state.

After years of legal wrangling, the state court last year halted sales of the so-called "ceded lands" until Native Hawaiian claims to those lands are put to rest. The acreage represents more than a quarter of the Islands.

Statement from Lilikala Kame'eleihiwa, UH Center for Hawaiian Studies (10:30 a.m.)

Statement from U.S. Sen. Daniel K. Akaka (10:28 a.m.)   

"I will continue to monitor the case as it is taken back up by the state courts. I still believe the best way forward is through direct negotiations between the state and federal governments and a federally recognized Native Hawaiian government. For these issues to be resolved, Native Hawaiians need a seat at the table. Mainland indigenous people have this opportunity and Native Hawaiians deserve the same chance."

RELATED Grassroot Institute Comm Director:  Hawaii Supreme Court's Superferry Decision Has Silver Lining

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

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

Save Dillingham Airfield

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