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Umi sent you a message.
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Subject: Kupuʻaina coalitionʻs take on the decision
Derek Kauanoe sent this, if you havenʻt seen it:
Aloha mai kakou,
You may have heard by now that the United States Supreme Court has ruled
on the "ceded" lands case. Unfortunately, several local media outlets do
not explain the Supreme Court ruling adequately and, in my opinion, may
inadvertently mis-lead the public.
Upon first glance, anyone might come to the conclusion that the State of
Hawai'i can sell ceded lands. But, Kupu'aina reads the opinion
differently. When the Hawai'i Supreme Court made its landmark ruling last
year placing a moratorium on the sale of "ceded" lands, it did so using
both the 1993 Apology Resolution AND relevant state law. When the U.S.
Supreme Court came out with its ruling this morning, it only ruled on the
1993 Apology Resolution and not state law. In fact, at the end of its
decision, the U.S. Supreme Court made it clear that it has no authority to
decide questions of Hawai'i state law or to provide redress for past
wrongs except as provided for by federal law. The U.S. Supreme Court sent
the case back down to the Hawai'i Supreme Court to proceed in a manner
that is consistent with the U.S. Supreme Court's ruling.
The Attorney General Mark Bennett, sought to take this "ceded" lands case
out of the Hawai'i Supreme Court. Now, however, the U.S. Supreme Court has
put the case back into the hands of the State Supreme Court.
This morning there are two good interviews on the KGMB website that is
helpful to people who want to understand today's ruling. There is an
interview with - Clyde Namuo (OHA Administrator)
http://www.facebook.com/l.php?u=http://tr.im%2FNamuo090331 and - Colleen
Hanabusa (Hawaii Senate President
http://www.facebook.com/l.php?u=http://tr.im%2FHanabusa090331.
Clyde Namuo explains how this ruling is exactly what the Office of
Hawaiian Affairs hoped for once the Supreme Court decided to take up the
case. Generally, the reason is because the ruling puts the case back into
State court. Senator Hanabusa also explains why, the State, still can't
sell "ceded" lands at this time. Hanabusa's statements are contrary to
today's Honolulu Advertiser headline which reads, "US Supreme Court says
state can sell ceded lands" which was changed just moments ago to read as
follows, "U.S. Supreme Court rules state has authority to sell ceded
lands"
Kupu'āina encourages the public to read the U.S. Supreme Court's short
opinion on this issue rather than rely only on media reports. You can
access the opinion at
http://www.facebook.com/l.php?u=http://www.supremecourtus.gov%2Fopinions%2F08slipopinion.html
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