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Federal judges will hear challenge to state reapportionment plan

By Star-Advertiser staff

LAST UPDATED: 10:42 a.m. HST, Apr 10, 2012

A federal lawsuit challenging the state's reapportionment plan will be heard by a three-judge panel of the U.S. District Court.

U.S. District Judge J. Michael Seabright today issued the order granting the request of the plaintiffs.

At a status conference Monday, "defendants agreed that substantial questions of constitutionality require the convening of a three-judge court," the order states. "Further, from the court's preliminary review of the complaint and relevant case law, the court finds that the constitutional claims are not insubstantial."

A state legislator and five other registered voters filed a federal lawsuit Friday, challenging the reapportionment plan as unconstitutional.

The suit says the plan violates the Constitution's equal protection clause by excluding more than 108,000 military members, their families and university students in drawing up boundaries for state legislative districts.

The suit also says even if the exclusions are permissible, the plan does not divide residents equally in the legislative districts.

The lawsuit asks for an injunction preventing the state from implementing the plan and directing the state to come up with another plan that counts the excluded residents.

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taxpayer1 wrote:
Isn't the chair of the reapportionment commission a retired state judge? How could she not advise that the game playing would likely be challenged under US constitution? Wet noodle.
on April 10,2012 | 10:52AM
Bean808 wrote:
on April 10,2012 | 11:39AM
HonoluluHawaii wrote:
No Barrymandering.
on April 10,2012 | 08:57PM
Changalang wrote:
It will be appealed to full panel if needed and if it goes any further it will have to go to the U.S. Supreme Court before the June filing deadline as that is the date for the candidates to declare for districts. This legislature is basically challenging the State Constitution he was formally sworn to uphold, when it was convenient. This becomes U.S. vs. State of Hawaii as the Hawaii Supreme Court has already ruled in favor of the edicts in the State Constitution. It sure would be a shame if the U.S. government had to suspend elections in the home state of the President. I hope the losers pay dearly for their choices in a counter suit.
on April 10,2012 | 12:04PM
HonoluluHawaii wrote:
There will not be any suspensions of any election in Hawaii. Hawaii will just say "no comment", as u have said several times, on other topics, as "who cares" who is elected to which office, because those running for office are making the choice themselves to run for office and those running for office were not nominated by others to run for office. Did that make any sense? No, because I am not a lawyer like u probably are.
on April 10,2012 | 08:56PM
HonoluluHawaii wrote:
Best way is to divide the population 50% in District 1 and 50% in District 2.
on April 10,2012 | 09:01PM
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