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Supreme Court blocks Native Hawaiian election vote count

Timothy Hurley
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Bill Meheula, left, an attorney for Nai Aupuni, spoke to reporters on Oct. 23 outside U.S. District Court in Honolulu. (AP Photo/Audrey McAvoy, File)

The U.S. Supreme Court today formally granted an injunction blocking the Na‘i Aupuni Hawaiian self-governance electionwhile the 9th Circuit Court of Appeals considers the case challenging it.

Under the order, Na‘i Aupuni officials are prohibited from counting ballots and certifying the winners of the election until theAppellate court makes a decision.

The order was granted by a narrow court majority, with Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and ElenaKagan indicating that would deny the application.

“The decision by the supreme court shows that a majority of the justices find our legal case compelling,” Keli‘i Akina,president of the Grassroot Institute of Hawaii, said in a statement.

Akina is one of six people suing the state for running an illegal, race-based election.

“This is a powerful step in holding the Office of Hawaiian Affairs and Native Hawaiian Roll Commission accountable for theirunconstitutional and un-Hawaiian attempts to divide people based on race,” he said.

Native Hawaiians continue to vote for delegates to a convention next year to come up with a self-governance document to beratified by Native Hawaiians.

383 responses to “Supreme Court blocks Native Hawaiian election vote count”

  1. what says:

    I got magic blood, where’s my free stuff?

    • what says:

      We are all the same people, and the United States of America provides all of us with all the freedoms and privileges that these racists think they are fighting for. The Supreme Court today has affirmed that.

      • MoiPla says:

        The United States occupation of Hawaii is an Illegal Occupation.They did this through an Illegal overthrow of the Hawaiian Kingdom. Back then….The U.S. was merely acting as a “Strong Arm” for these Businessmen(Specifically!Mr.Dole)…Queen Liliuokalani wanted to avoid Bloodshed,by going to different countries for support.She did not want WAR! She most definitely did
        NOT relinquish her throne to the USA……Ai! For all you Anti Hawaiians,please get educated & RESEARCH this first,especially..before opining. …you may have different view of the USA…..Obviously our justices hasn’t done their research either.IMUA

        • kuroiwaj says:

          MoiPla, Yes, from your position the overthrow was illegal, yet from many others, including native Hawaiian’s made their position of the overthrow legal and supported the action. I question your illegal occupation, because historical data does not support your position. Remember, the Kingdom Constitution of 1887 remained in-force until July 4, 1894, when the Republic of Hawaii’s Constitution replaced it. Also, the U.S. Military never occupied the Kingdom of Hawaii. MoiPla, for your information, James Dole, a second cousin of Sanford B. Dole and President of the Republic of Hawaii, is the businessman and founder of Dole Pineapple Co. The U.S. Supreme Court does know the history for they have made a number of decisions on the Hawaii issue. IMUA.

        • Graham says:

          Was Kamehamehas’ overthrow of Oahu, Molokai and lanai legal????

        • what says:

          Democracy and the democratic process gives everyone a chance to be heard, and it is clear the people do not want to bow down to a King or Queen.

    • mikethenovice says:

      Black magic woman?

  2. Ken_Conklin says:

    This is wonderful news. Now the case goes back to the 9th Circuit for further hearings; and perhaps the 9th Circuit will send it back to the Honolulu federal district court, whose decision will then be appealed to the 9th Circuit, whose decision will then be appealed to the Supreme Court. That’s what usually happens when a higher court overturns a lower court and remands the case back down for further action — the remand usually goes all the way back down to where the case started. By the time the courts are done, Obama will be replaced by a Republican President whose Department of Interior will put a stop to the whole idea of changing the rules to make it easy for federal recognition for a phony Hawaiian tribe. It’s time to put a stop to government action that treats people unequally based on race.

    • 8082062424 says:

      Great Plan try and stall the rights of a group of people. better pray hard for that Republican President cause that does not happen we right back here. Three steps forward one step back, this will not stop native hawaiians. might not happen this year or next but it will happen. enjoy your self for now

      • Ken_Conklin says:

        Hooray for protecting the unity of all Hawaii’s people under the single sovereignty of the State of Hawaii. Hooray for protecting equal treatment under the law by the government for all people regardless of race. Please read my book
        “Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State”

        27 copies in various branches of the Hawaii public library system; also available at
        http://tinyurl.com/2a9fqa

      • Barefootie says:

        No, it won’t “happen” as you say, I don’t see any reasons for those like me, to give up our citizenship, rights, and freedoms to part of an “indigenous tribe” looking to be recognized, as we already have recognition as a people, albeit as a larger group of “ethnicities” that is the American melting pot of diversity. breaking off and becoming a separate state within a state, has no merit, it gains us nothing in the end, but trouble.

    • Tita Girl says:

      It’s time to stop everything that is race based. That includes schools filling academic and athletic slots for women and “minorities”…employment based on quotas to be filled, housing, land , HUD loans and let’s throw in the BIA while we’re at it.

    • DiverDave says:

      Yes 808, racists will always be racists, and will keep on trying their racists ways. Stop speaking for all Polynesian-Hawaiians. Most are not America hating racists like you.

      • 8082062424 says:

        Your not native Hawaiian and have no right to speak for them your self. The real racist is you as your post prove it time and time again. This is about many many native hawaiians who never wanted to be americans but it was forced on them. and it been building for years generation after generation not something new. They ask to have a say in there future not yours.Unlike you who seem to think you can speak for them know what best for them or tell them be happy with what you got. I for one would rather have a say in the future then have other tell me what best for me

        • Denominator says:

          Well if you are referring to the Kingdom of Hawaii,you have a lot more to say about things now than you would have then. You may be a little “light” on your history but under the kings, you just did what you were told and you owned nothing. So no one could steal anything from you as you didn’t own anything. You seem to be confusing your “no rights” situation under a king with your “voting, protesting, complaining rights” as an American.

        • Barefootie says:

          Sorry 808, but every generation of “Hawaiians” had their chance to build a better life, than the previous generation had, if they did not partake of the benefits of citizenship, then it’s their loss. Hawaiians were given every chance to succeed, just like every other citizen in the State of Hawaii, those who chose to take up the challenge, prospered and moved on and up the economic ladder, while those who chose not to do anything, have no one to blame for their problems, but themselves!

    • Ken_Conklin says:

      Grassroot Institute Says Decision Affirms the Constitution and Aloha Spirit

      HONOLULU, HAWAII — December 2, 2015 — Today, the U.S. Supreme Court affirmed the decision of Justice Anthony Kennedy to halt the counting of ballots or certification of results in Hawaii’s race-based Native Hawaiian election, pending final disposition of the appeal of Akina v. Hawaii in the Ninth Circuit Court of Appeals. In applauding the ruling, Grassroot Institute of Hawaii President Keli’i Akina, Ph.D. stressed that it was a significant victory for all citizens of Hawaii, and could be the first step towards the end of the state’s wasteful and divisive nation-building effort.

      “The ultimate winners are all people of Hawaii, including Native Hawaiians, who do not support the wasting of millions of dollars of public funds that have been diverted from the real needs of Hawaiians for housing, jobs, education, and health care,” said Dr. Akina, who is also a plaintiff in the case brought by Judicial Watch. “This is a powerful step in holding the Office of Hawaiian Affairs and the Native Hawaiian Role Commission accountable for their unconstitutional and un-Hawaiian attempts to divide people based on race.”

      “We are pleased that a majority of the Supreme Court justices granted our motion and stopped Na’i Aupuni from counting any votes until after our appeal to the 9th Circuit,” added Michael A. Lilly, former Hawaii Attorney General and attorney for the plaintiffs. “One requirement for our motion was to show that we were likely to prevail on the merits of our claims. In short, the Na’i Aupuni election is an unconstitutional race-based election being conducted by the State of Hawaii. We are confident that we will ultimately prevail.”

      “The fact that OHA and the state have poured millions of dollars into this unconstitutional election prompts some very serious questions about how the needs of Hawaiians are being served,” stated Dr. Akina. “It is time for the state to stop this wasteful and divisive nation-building effort and pay attention to the real needs of Hawaiians, not the special interests of an entrenched elite.”

      The Supreme Court order can be seen at:
      http://new.grassrootinstitute.org/wp-content/uploads/2015/10/15A551-Akina-v-Hawaii-Order.pdf

      To see all the filings and documents associated with this case, go to:
      http://new.grassrootinstitute.org/2015/10/akina-v-hawaii-the-documents/

    • Ken_Conklin says:

      Grassroot Institute Says Decision Affirms the Constitution and Aloha Spirit

      HONOLULU, HAWAII — December 2, 2015 — Today, the U.S. Supreme Court affirmed the decision of Justice Anthony Kennedy to halt the counting of ballots or certification of results in Hawaii’s race-based Native Hawaiian election, pending final disposition of the appeal of Akina v. Hawaii in the Ninth Circuit Court of Appeals. In applauding the ruling, Grassroot Institute of Hawaii President Keli’i Akina, Ph.D. stressed that it was a significant victory for all citizens of Hawaii, and could be the first step towards the end of the state’s wasteful and divisive nation-building effort.

      “The ultimate winners are all people of Hawaii, including Native Hawaiians, who do not support the wasting of millions of dollars of public funds that have been diverted from the real needs of Hawaiians for housing, jobs, education, and health care,” said Dr. Akina, who is also a plaintiff in the case brought by Judicial Watch. “This is a powerful step in holding the Office of Hawaiian Affairs and the Native Hawaiian Role Commission accountable for their unconstitutional and un-Hawaiian attempts to divide people based on race.”

      “We are pleased that a majority of the Supreme Court justices granted our motion and stopped Na’i Aupuni from counting any votes until after our appeal to the 9th Circuit,” added Michael A. Lilly, former Hawaii Attorney General and attorney for the plaintiffs. “One requirement for our motion was to show that we were likely to prevail on the merits of our claims. In short, the Na’i Aupuni election is an unconstitutional race-based election being conducted by the State of Hawaii. We are confident that we will ultimately prevail.”

      “The fact that OHA and the state have poured millions of dollars into this unconstitutional election prompts some very serious questions about how the needs of Hawaiians are being served,” stated Dr. Akina. “It is time for the state to stop this wasteful and divisive nation-building effort and pay attention to the real needs of Hawaiians, not the special interests of an entrenched elite.”

      • 8082062424 says:

        Keli’i Akina seem to think he god and know what best for native hawaiian. they should not have a say in there future just do what he thinks is best. He does not speak for native hawaiian .He has run for OHA number of times and has not been elected which tell him just what native hawaiian thinks of his views as well as others who voted. Just look at the folks who supports Grassroot Institute and you know he a puppet

        • Barefootie says:

          Well he certainly seems to know more than you do, 808! Native Hawaiians are not as dumb, as you make them out to be, but like everyone else in the State of Hawaii, they have the opportunity to take their own “destiny” into their own hands and decide what to do, but making a separate governmental bureaucracy is not the way to go about bring Hawaiians economic prosperity, we have to do that with out own hands and our own will. As citizens of the United states, we have the opportunity to be what ever we want to be, with in the confines of the law.

    • boolakanaka says:

      Do you seriously think the 9th circuit will veer from its original opinion? Hardly. When the supremes tack back to a circuit, it is with the intent of bring deferential to that respective circuit. At the end, it moves forward–period.

      • Ken_Conklin says:

        boo, you’re a joke. This case is on the same trajectory as Rice v. Cayetano. Honolulu U.S. district court judge rules the wrong way, appeal to 9th circuit where 3 leftist judges rule the wrong way, Supreme Court makes final ruling with the right outcome. This case might need several trips up and down, as different aspects of it are decided one by one. Obama’s two witches, plus the old witch, are so far left they will always go the wrong way. Breyer might not have liked stopping an election; but there are other aspects of the case where he might agree with Grassroot. Remember, he was in the majority on Rice v. Cayetano, with a separate concurrence indicating he was ready to go further than the core group of 5. Now in the present case, the 5 conservative Justices who ruled in favor of Grassroot will continue voting in favor of them. We know this because on an emergency application for injunction, those 5 Justices were required to vote in favor of it ONLY if they believe there’s a strong likelihood Grassroot will win on the merits of the case, and they believe that going forward with the election would result in irreparable harm.

        • boolakanaka says:

          You make many assumptions–and you know what they say–you make an a$$—and quite a large one at that–that said, keep track of your incredibly high HDL and its attendant problems, as this will ultimately not go the way you hope.

      • kuroiwaj says:

        Boo, Yes, as an answer to your question. Remember Arakaki v. Lingle, where the 9th changed Article XII Section 5 that candidates for OHA Trustee must be citizens of the State of Hawaii, including Native Hawaiian. It read only Native Hawaiians could be candidates for OHA. It was decided on December 31, 2002 in conformance with the U.S. Supreme Courts decision on Rice v. Cayetano. The State of Hawaii and OHA did not appeal to the U.S. Supreme Court.

    • PCWarrior says:

      Uh not quite ready to go dancing yet Mr. Conklin. While Nai Aupuni may be scuttled, the Department of the Interior is still moving forward with a process to Hawaiian self determination. That process has nothing to do with Nai Aupuni and is still moving forward. But go on hating hater. Why live in Hawaii when you have such a hatred for Hawaii? You must hate yourself too.

      • Ken_Conklin says:

        Hey Pretty Crappy warrior — You’re the hater, not me. I don’t even hate you, despite your obvious hatred for me. I pity you because you’re so stoopid.

        • 8082062424 says:

          Well ken seems like your the hater not him or her. They addressed you as Mr. Conklin but you stooped to name calling say a lot about you . you can not behave in public of here. calling people names is a sign of some one who hate and is not very smart

    • FARKWARD says:

      Ken_Conklin : Anyone in their right mind knows it doesn’t matter who becomes President of the USA, or any country for that matter–they all serve their MASTERS (as do you Ken (Lucifer(?)).
      “President” is a synonym for “Indentured-Political-Puppet”.

    • geralddeheer says:

      Democrats retain the White House in 2016.

  3. DiverDave says:

    Of course the actual amount of one droppers that have voted is dismal, that’s why the the fake organization Na‘i Aupuni has now extended the vote time instead of stopping it as planned a couple of days ago. This only gives further reason for the plaintiffs to further challenge the election as well as candidates that may have won but now may loose due to Na‘i Aupuni arbitrarily allowing more time to vote!

    • Barefootie says:

      Problem is and continues to be, that many Hawaiian did not register or sign up to be on the Na’i Aupuni voting rolls and thus have no way to express their will, when it comes to forming a “Hawaiian’s only government” and with this organization claiming they have a “majority of the population” voting in this “divisive forum” is clearly a case of fraud. Either every Hawaiian community member gets a chance to vote, which is not the case here, as many are being left out, or this process should be shut down and not allowed to continue.

  4. hailama says:

    We were a country before u stole it.we have every god given right to fight for what he gave us hawaii.so in due time laugh now and talk behind the computer but he our Lord and savior comes back he will destroy and punish the white man for destroying a ccontry that God gave us.period….

    • Denominator says:

      When the monarchy ended, it was comprised of many ethnic groups with voting rights and leadership roles. How does that translate into creating a “new” Hawaiian government in which only Hawaiians can vote? Of course if you recognize that the Hawaiian Monarchy was comprised of multi-racial citizens you end up back here where we are now. Maybe this is how it was meant to be.

      • 8082062424 says:

        They want a say over there own live not any one else’s. they want to decide what path native hawaiians should take. why should other decide that future of native hawaiians ? this is what happens when you force things on other at some point they reach a limit. many many native hawaiian did not wish to become americans but it was forced on them

        • Denominator says:

          If Hawaiians want a say in their government, they are better off being part of USA. They had no say in their government when it was kingdom.

    • serfboy says:

      What leads you to believe that another country would not have overtaken Hawaii? It is too geographically strategic. The imperial Japanese in 1941 tried to do so. Do you think you would fare better under another country’s government?

      • koleanui says:

        And that is just recent history. If you look a little further back, Russia, England and Spain, just mention some of them. P.S. ask the Tahitians what they think of French control?
        And for all you Monarchists who sue the word “stole”, Kamehameha I, in negotiating support with guns and cannons to wage his unification war gave many pieces of land to Foreigners and the maka’ainana had nothing to say about it!

  5. Ronin006 says:

    Unbelievable. Stopped by LIBERALS on the Supreme Court.

  6. AlohaKakou says:

    Star-Advertiser, what’s up with the photo of Meheula in mid-sentence with his eyes closed?

  7. mikethenovice says:

    Most Hawaiians rather drink Primo beer than vote.

  8. mikethenovice says:

    As usual, Hawaii’s elected officials are playing games with its residents. I don’t know who to believe anymore.

  9. Barefootie says:

    This is the same issues that plagued “OHA” when it had closed voting rights for it’s official and it seems that they have not learned a damn thing since then! Of course it’s “unconstitutional” as it’s another shot at a “Hawaiians only” voting attempt, it did not work the first time and OHA was opened to all citizens to vote for delegates; now there is a damn good change this will happen again, in the “Hawaiians only” delegates vote, as “Hawaiians” are a recognized part of the State of Hawaii and have had “voting rights” since Statehood.

    In trying to “rebuild” a recognized “Hawaiian bureaucracy” that would work for the betterment of the “Hawaiian people” or what’s left of them in the State of Hawaii, can be misconstrued as an attempt to “drive a wedge” of opposition between the State of Hawaii and the Hawaiian community. I just don’t see a good enough reason to break off and basically form a “native Hawaiian tribe” as we have nothing with which to work or build with; no land, no resources; no base of operations, to start with. The ceded lands are gone, they are now a part and parcel of the State owned properties and were traded away by OHA, for monetary reparations, with which they used to build OHA’s property base that funds all the projects being undertaken or underwritten by OHA; which by the way, is still a State of Hawaii department and not a separate, or independent operation.

  10. […] the same day that the Hawaiian High Court ruled on the TMT,  the US Supreme Court granted a stay in another case involving indigenous rights in Hawaii, reported Timothy Hurley for the Honolulu […]

  11. […] the same day that the Hawaiian High Court ruled on the TMT,  the US Supreme Court granted a stay in another case involving indigenous rights in Hawaii, reported Timothy Hurley for the Honolulu […]

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