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U.S. Supreme Court asks for brief on Hawaiian homelands case

By Ken Kobayashi

POSTED:
LAST UPDATED: 03:49 p.m. HST, Dec 12, 2011



The U.S. Supreme Court invited today the U.S. solicitor general to file a brief on a challenge by five Hawaii residents seeking the same property tax exemptions granted to Native Hawaiian lessees of Hawaiian homelands.

The non-Native Hawaiian residents are asking the high court to review a ruling by the Hawaii Supreme Court earlier this year that the five do not have legal standing to press their challenge.

The request for a review was on the U.S. Supreme Court's agenda at its Friday private conference. 

At least four of the nine justices must agree to review the case for the high court to accept it.

In a one-sentence order, the justices said the solicitor general "is invited to file a brief in this case expressing the views of the United States."

Congress passed the Hawaiian Homes Act in 1921.  The law set aside 200,000 acres that once belonged to the Hawaiian kingdom to lease land to Native Hawaiians at $1 a year.  Congress' Admissions Act that made Hawaii a state required that the act be included in the state constitution.

The five are alleging the exemptions granted by the state, the city and Neighbor Island counties are racially discriminatory and violate the U.S. Constitution's 14th amendment mandating equal protection under the law.







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NanakuliBoss wrote:
There goes Earl again. He juices up his high 3, while working for the city, with contract work mind you, then gets a hefty pension. The union rules entitled him to. Oh, but after retirement, no entitlements for anyone! Join the republicans, grassroots,, but still get your check. Still grabbing for the cash, hypocrite.
on December 12,2011 | 07:57AM
NanakuliBoss wrote:
Correction: city contract work.
on December 12,2011 | 08:33AM
Kalli wrote:
Seems to me from what you said that Earl earned his benefits through hard work, you want to give benefits and entitlements to people just because they are born into a magic race. Isn't that the core of racism?
on December 12,2011 | 11:59AM
postmanx wrote:
There has been a grave injustice done in these Islands that goes far beyond racism.
on December 12,2011 | 12:14PM
Kalli wrote:
If you have a valid case concerning theft of lands, injustice, take it to court.
on December 12,2011 | 02:22PM
Kalli wrote:
I don't see how shooting the messenger makes any point concerning a particular race getting special benefits just from their ancestry. There are 4 other plaintiffs in the case, what is wrong with each one of them in your opinion or do you just have something against one person? I don't see you sticking your neck out to take on the race industry in Hawaii.
on December 12,2011 | 11:56AM
saywhatyouthink wrote:
Do you object to indian and eskimo people as well. Perhaps you would like to tax their land too??No.....it's the same as the hawaiians.
on December 12,2011 | 08:33PM
CloudForest wrote:
Either we are all equal or we are not, which is it? And if not, whom would be king?
on December 12,2011 | 08:06AM
staradvertiser01 wrote:
Equal AFTER an illegal overthrow is what you are saying, right? A PROVEN and ADMITTED illegal overthrow. Please advise. Thank you.
on December 12,2011 | 08:16AM
Denominator wrote:
Losers never admit overthrows are legal. I think the tzars are still protesting too and I hear the South will rise again. Meanwhile, we have a Constitution and we'll see how that works out.
on December 12,2011 | 08:28AM
staradvertiser01 wrote:
Losers? The fact is those Hawaiian people were ILLEGALLY overthrown. Seems funny how that ILLEGAL part is always overlooked by those who were on the ILLEGAL side of the conversation. If I stole a valuable painting from your family and sold it to John Doe for $1 million, and then the police found the painting in John Doe's possession, they would take the painting from John Doe and return it to you. Seems like that policy, which is law, is no problem with anyone. But it is a problem when the painting is the lands of the Hawaiian people. Don't remember reading in the constitution that stealing was legal. Or am I just missing that paragraph somewhere? Please advise. Thank you.
on December 12,2011 | 08:58AM
what wrote:
There are no rules in a power struggle. There is no "illegal" overthrow, there is only the aftermath of an overthrow. In a power struggle, one party emerges with the power. Life goes on. Hawaiians are now Americans. Life goes on. Get used to it. The Hawaiians overthrew a previous race of people that occupied the islands. Someday another people may overthrow America. Life goes on.
on December 12,2011 | 09:24AM
staradvertiser01 wrote:
What power struggle are you talking about? You make it sound like there were two countries were at war. That was NOT the case here. There is no "to the victor go the spoils" (which is what you are mentioning) because we are talking about a non-war event. There are national AND international laws in effect. This isn't the old days where anything goes. You cannot pick and chose what you want to apply.
on December 12,2011 | 09:50AM
what wrote:
You're right, I didn't say there were two nations involved. Because that was not my point. The overthrow of the Kingdom of Hawaii was lead by a bunch of mostly white businessmen. It was a power struggle. There are now laws in a power struggle. The Kingdom of Hawaii got owned by businessman, laws do not apply in a overthrow.
on December 12,2011 | 10:20AM
saywhatyouthink wrote:
Let me guess...you're of european decent.
on December 12,2011 | 08:36PM
tiki886 wrote:
Illegal overthrow is a double negative. The overthrow was the same action that King Kamehameha perpetrated on Oahuans and Mauians when he invaded both islands for personal gain and profit. He pushed over 300 Oahuans over the Pali in the Battle of Nuuanu and captured my Chief Kalanikupule, son of Kahekili and took him back to Hawaii Island to sacrifice him. It sounds like kidnap and murder to me! The only difference is that the Kamehameha Clan killed more Hawaiians than any whiteman ever did!! The overthrow of 1893 was more humane than Kamehameha's invasion and murder of true Hawaiians.
on December 12,2011 | 09:26AM
tiki886 wrote:
If you read history, every border, every country, every nation and peoples with a common tongue has been defined by conflict or war. Hawaii is no different. Hawaii is "conquered land". A few examples of conquered peoples living in other nations: America - Indians, Eskimos and Hawaiians; Australia - Aboriginies; Japan - Ainus and Okinawans; China - Tibetans; New Zealand - Maories; Spain - Basks; Indians living in every South American country; French Polynesia, Tahiti living under French law; and Oahuans and Mauians living under the dictatorship of a self proclaimed King- Kamehameha - the murderous basstardd.
on December 12,2011 | 10:06AM
tiki886 wrote:
If you read history, every border, every country, every nation and peoples with a common tongue has been defined by conflict or war. Hawaii is no different. Hawaii is "conquered land". A few examples of conquered peoples living in other nations: America - Indians, Eskimos and Hawaiians; Australia - Aboriginies; Japan - Ainus and Okinawans; China - Tibetans; New Zealand - Maories; Spain - Basks; Indians living in every South American country; French Polynesia, Tahiti living under French law; and Oahuans and Mauians living under the dictatorship of a self proclaimed King- Kamehameha - the murderous bass tardd.
on December 12,2011 | 10:08AM
popaa wrote:
American Indians and Eskimos has special status that other Americans do not. How is that equal?
on December 12,2011 | 02:25PM
HD36 wrote:
History is always rewritten in favor of the victor.
on December 12,2011 | 05:24PM
staradvertiser01 wrote:
Sorry about the situation with your Chief Kalanikupule. But you are comparing apples with oranges. You want to bring up the whole Palestinian, Israel, Arab situation here too? Because that would also be a totally different situation that has nothing to do with this specific Hawai'i-USA legal matter. There is no Hawaiian vs. Hawaiian claim with regard to Hawaiian land (and by Hawaiian land I mean Kingdom of Hawai'i land). Is there a Hawaiian with O'ahu lineage trying to evict a Hawaiian with Island of Hawai'i lineage who lives on land on O'ahu which used to belong to a former O'ahu chief/ali'i and got that land by his Island of Hawai'i chief/ali'i conquering the O'ahu chief/ali'i? Apples and oranges here.
on December 12,2011 | 10:11AM
tiki886 wrote:
Sorry!? Stop with your obfuscation of the truth! Your fruit is called watermelon. Green on the outside and commie red on the inside!
on December 12,2011 | 04:30PM
tiki886 wrote:
If you read history, every border, every country, every nation and peoples with a common tongue has been defined by conflict or war. Hawaii is no different. Hawaii is "conquered land". A few examples of conquered peoples living in other nations: America - Indians, Eskimos and Hawaiians; Australia - Aboriginies; Japan - Ainus and Okinawans; China - Tibetans; New Zealand - Maories; Spain - Basks; Indians living in every South American country; French Polynesia, Tahiti living under French law; and Oahuans and Mauians living under the dictatorship of a self proclaimed King- Kamehameha - the murderous bass tardd.
on December 12,2011 | 10:16AM
popaa wrote:
Re What: It wasn't a power struggle, it was GREED.
on December 12,2011 | 02:23PM
DiverDave wrote:
This comment has been deleted.
on December 12,2011 | 09:42AM
staradvertiser01 wrote:
Let's say a bunch of people from Nigeria, who's lineage is only from Nigeria from the beginning of time, moves to Japan. And they all have children and intermarry and have children and intermarry for 5 generations. Would those great, great, great, great grandchildren, etc. who still have pure Nigerian blood somehow then magically have Japanese blood just because they lived in the country of Japan for 5 generations? Does that answer your question above?
on December 12,2011 | 10:39AM
Manoa2 wrote:
Interesting case where the real issue is standing. How will the US Solicitor General come down in on this?
on December 12,2011 | 08:20AM
GeoDiva wrote:
Thank you for being the only sane one on this board and asking the right question. What will the Fed Govt position be?
on December 12,2011 | 11:25AM
what wrote:
The "Hawaiians" today living in America have more benefits, assistance, and handouts then they did or would have under a Kingdom of Hawaii. In the overthrow, the land was NOT taken from the subjects or average people of Hawaii. The land was taken from the Kingdom. The average of "Hawaiian" did not have any land taken from them. All they lost was their status as a subject of the King or Queen of Hawaii.
on December 12,2011 | 09:36AM
tiki886 wrote:
Correct. The concept of "ownership" and "personal property" in terms of land did not exist in the minds of Hawaiians. How could they? There was no written lanuguage to enforce such a concept.
on December 12,2011 | 10:30AM
staradvertiser01 wrote:
@tiki886- Now it sounds like you are belittling those Hawaiian people. What difference does them not having a WRITTEN language in pre-contact times have anything to do with the ILLEGAL overthrow of their kingdom in the post-contact times? And there was land ownership during the time of the illegal overthrow. Do you even know what you are talking about with this topic or are you just a talking head?
on December 12,2011 | 10:45AM
DiverDave wrote:
This comment has been deleted.
on December 12,2011 | 11:42AM
staradvertiser01 wrote:
@DiverDave- Because I cannot reply to your racist comment post since there is no reply button below it, let me say...how the heck can you call ME a racist??? You are now just taking crazy talk and grasping at nothing. Calling me a racist would be like calling Dr. Martin Luther King Jr. a racist. Or maybe you think he is a racist, which then would mean I'm wasting my time responding to a racist. If you are going to give the "We are all natives of the planet earth" statement then you probably don't believe the US should have border control. That all the illegal immigrants already in the US should be automatic US citizens and everyone else who wants to be a US citizen just needs to make it to US soil and declare themselves US citizens and get US rights. They can vote for our President, Senators, etc. because we are all natives of the planet earth. BTW- In 1890 the population of the Kingdom of Hawai'i was 50.1% Hawaiian and 49.9% foreign. Check the census. Where did you get 25%? You don't even have the facts. You are making things up! Do you know ANYTHING about what you are talking about???
on December 12,2011 | 01:47PM
HD36 wrote:
Just like in Avatar.
on December 12,2011 | 05:27PM
tiki886 wrote:
If you read history, every border, every country, every nation and peoples with a common tongue has been defined by conflict or war. Hawaii is no different. Hawaii is "conquered land". A few examples of conquered peoples living in other nations: America - Indians, Eskimos and Hawaiians; Australia - Aboriginies; Japan - Ainus and Okinawans; China - Tibetans; New Zealand - Maories; Spain - Basks; Indians living in every South American country; French Polynesia, Tahiti living under French law; and Oahuans and Mauians living under the dictatorship of a self proclaimed King- Kamehameha - the murderous bass tardd.
on December 12,2011 | 10:06AM
staradvertiser01 wrote:
Seems like you are living in a past era with regard to this situation. Yes, the history of the world was shaped through conflict such as ones that you have mentioned. No doubt about it and there is no arguing that. We all learned about that in school. But we live in an era with domestic and international laws that have more "teeth". People cannot steal and pillage and conquer like the "good ol' days" and get away with things just because you/they are bigger and/or badder. For instance, international law says it's illegal to assassinate a head of state. The world would be a different place if that "rule" existed or was followed throughout the past ages. But that's how it is now and how it has been for a while. Just because one leader had another leader killed in the past ages doesn't mean a leader can do it today. Much different times with much different "rules".
on December 12,2011 | 10:26AM
tiki886 wrote:
Then hire Gloria Alldead to sue the US into submission!
on December 12,2011 | 10:40AM
tiki886 wrote:
This "Illegal overthrow" canard is like Al Qaida, using American law to further their devious and murderous plans to conquer and subvert our own nation. It won't happen. We are no longer "Hawaiians", we are AMERICANS! End of story!
on December 12,2011 | 10:45AM
staradvertiser01 wrote:
@tiki886- Are you really using the "terrorist card" here? Really??? Oh brother, you need help. Happy Holidays!
on December 12,2011 | 10:54AM
tiki886 wrote:
Merry Christmas to you too!
on December 12,2011 | 12:09PM
what wrote:
The Kingdom was not overthrown "today", it was overthrown, as you say, in the "good ol' days", when such things were more acceptable as the natural course of world politics and domination.
on December 12,2011 | 01:38PM
staradvertiser01 wrote:
Oh boy, no use arguing with someone who when asked about a robbery, blames the person who GOT robbed for GETTING robbed in the first place and who is also trying to get justice for the robbery that took place. Just tell the victim that "life happens, move on, forget about it and you aren't entitled to anything when trying to get back what was rightfully yours to begin with". Some people just don't get it and that's ok because that's how life is sometimes. Happy Holidays!
on December 12,2011 | 02:09PM
HD36 wrote:
White man speak with forked tongue.
on December 12,2011 | 05:28PM
Denominator wrote:
If the question is property taxes, why should Hawaiians be reduced to "free loader" status. They get schools, police, roads - all the things that property taxes pay for.
on December 12,2011 | 12:29PM
what wrote:
Don't you know? That's what the "Hawaiians" want, they want a free ride! They feel a deep sense of ENTITLEMENT to steal from America. They want their $1/year Homeland house, free Kamehamha schools education, free Sandwich Islands Internet and telephone service, free food stamps for unlimited Spam and rice, free bus pass or car insurance. The "Hawaiians" would never have it so good if the Kingdom of Hawaii still existed!
on December 12,2011 | 01:43PM
staradvertiser01 wrote:
Good to know you can speak for all the Hawaiian people. While you're at it can you tell me who will win the Super Bowl and what the final score will be since you seem to be so good at knowing things about others :)
on December 12,2011 | 02:31PM
HD36 wrote:
White man speak with forked tongue.
on December 12,2011 | 05:29PM
saywhatyouthink wrote:
you should move back to where you came from
on December 12,2011 | 08:25PM
frontman wrote:
Same rock...............same taxes for all..............
on December 12,2011 | 03:15PM
saywhatyouthink wrote:
would you like to remove the indians from their reservation land too, or just tax them as much as everyone else pays in their area? Why aren't you haole people looking to remove benefits from the indians and eskimos as well????They both got it better than the hawaiian people.
on December 12,2011 | 08:30PM
saywhatyouthink wrote:
bs
on December 12,2011 | 08:31PM
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