Forbes.com posts “Supreme Court Cheat Sheet,” summarizing “five business cases” pending in the Supreme Court worth following. Included among those cases are Hawaii’s own “ceded lands” case. (Scroll 2/3 down the page. Also included is “In Pictures: Five Cases to Watch,” a slideshow.)

The article summarizes the case as follows:

Hawaii v. Office of Hawaiian Affairs

That may be the situation with another history-laden case that pitsHawaii against groups representing native Hawaiians over the status of1.2 million acres of land, 20% of the island state. In a 2008 ruling,the Hawaii Supreme Court blocked the sale of some of that land to aprivate developer, saying the state couldn’t transfer any propertyuntil the Hawaii legislature resolved the question of whether nativeHawaiians actually owned it.

Thefight stems from the 1898 annexation of Hawaii, which Congressauthorized and President McKinley signed after an earlier coupdethroned Queen Lili’Uokalani. Hawaii became a…

Continue Reading Forbes On The SCOTUS “Ceded Lands” Case

Following up on the earlier post New SG Unlikely To Alter Fed Gov’t’s SCOTUS Arguments In Ceded Lands Case, which noted that the new Solicitor General has sought leave from the Supreme Court to participate in oral argument and for divided argument, here’s the motion filed by the SG’s office on January 29, 2009, which reveals that the Obama Administration does not appear to be materially altering arguments the federal government set forth in the amicus brief supporting the State’s position filed by the Bush Administration.

This case concerns whether federal law required or permitted the Supreme Court of Hawaii to enjoin the State of Hawaii from transferring lands that the United States obtained in fee simple absolute upon the annexation of Hawaii in 1898 and granted tot he State, to hold in trust, upon its admission to the Union. Those issues implicate significant federal interests.

First, the…

Continue Reading USSG’s Motion To Participate In Oral Argument In “Ceded Lands” Case

Two more amicus briefs in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):

• Sovereign Councils of the Hawaiian Homelands Assembly, Na A Ahuhiwa, the Native Hawaiian Bar Association, Hui Kakoo Aina Hoo Pulapula, and Ahahui O Hawaii

• Native Hawaiians, Samuel L. Kealoha, Jr., Virgil Emmitt Day, Jr., Patrick Kahawaiolaa, Josiah L. Hoohuli, and Mel Hoomanawanui

The merits and other amici briefs in the case, and links to media reports and commentary are posted on our ceded lands page.Continue Reading Further Amicus Briefs Supporting OHA In The “Ceded Lands” Case

Several people have wondered whether the change in presidential administrations may alter the federal government’s position supporting the State of Hawaii in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). 

Unlikely, according to this post from the law blog at the Wall St. Journal:

The SG makes hundreds of strategic decisions about which lower-courtdecisions the government should or should not appeal to the SupremeCourt, which can accelerate—or derail—an issue and help shape theCourt’s docket to an administration’s taste.

But when a case is granted and the Court looks to the solicitorgeneral’s office for its measured views, says former deputy AG LawrenceWallace, “The dialogue is with the Court. And the Court has traditionsthat have to be honored.”

Some background. On December 11, 2008, the Solicitor General filed an amicus brief for the United States in the ceded lands case, supporting the State’s…

Continue Reading New SG Unlikely To Alter Fed Gov’t’s SCOTUS Arguments In Ceded Lands Case

In her state of the state address today, Hawaii Governor Linda Lingle had this to say about the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):

Before concluding I want to take a moment to speakabout the case pending before the United States Supreme Court involvingthe issue of ceded lands.

The issue involved in this case is not whether ceded lands should or should not be sold.

Rather the issue involves the fundamental question ofwhether the State of Hawai‘i has clear title to the land transferred tous by the federal government at the time of statehood.

The roots of this case date back to a decision made byformer Governor Waihe‘e in the 1980s to sell certain ceded lands onMaui and Hawai‘i for the construction of affordable housing.

It was a decision he believed was in the best interest of all the people…

Continue Reading Hawaii Governor On The SCOTUS “Ceded Lands” Case

The Office of Hawaiian Affairs has filed its Brief for the Respondents in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008).

The U.S. Supreme Court is reviewing the Hawaii Supreme Court’s decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). The Court is considering a single Question Presented:

In the Joint Resolution to Acknowledge the 100th Anniversary of theJanuary 17, 1893 Overthrow of the Kingdom of Hawaii, Congressacknowledged and apologized for the United States’ role in thatoverthrow.  The question here is whether this symbolic resolutionstrips Hawaii of its sovereign authority to sell, exchange, or transfer1.2 million acres of state land-29 percent of the total land area ofthe State and almost all the land owned by the State-unless and untilit reaches a political settlement with native Hawaiians…

Continue Reading OHA Brief In Ceded Lands Case

Mark your calendars for Thursday, February 12, 2009. That’s the date the Hawaii Federalist Society is sponsoring a debate on the ceded lands case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008),. The case is scheduled for oral argument before the U.S. Supreme Court on February 25, 2009. [Disclosure: we filed an amicus brief in the case, supporting the State’s argument.]

The debate is titled Hawaii v. OHA Debate – Ilya Shapiro vs. Carl Christensen – Did the Hawaii Supreme Court rewrite the terms by which Hawaii became the 50th state?

Details: Thursday, February 12, 2009, 12:45 – 2:00 pm; Classroom 2, U. Hawaii Law School, 2515 Dole Street, Honolulu. The event is open to the public, but if you are not a student at the U.H. Law School, please RSVP not later than February 10, 2009 by email to loren.tilley@gmail.com. A summary…

Continue Reading Ceded Lands Case Debate – Feb. 12, 2009 – U Hawaii Law School

Here’s the latest in the “ceded lands” case, now being briefed in the U.S. Supreme Court. 

The Honolulu Advertiser writes that “OHA looks for some backup,” and has drafted a bill, to be considered by the Hawaii Legislature in its upcoming session, that appears to codify the Hawaii Supreme Court decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008), now under review by SCOTUS:

OHA board Chairwoman Haunani Apoliona yesterday said she and hercolleagues will lobby lawmakers to pass a bill that would impose amoratorium on the sale of ceded lands until the “unrelinquished claims”of Native Hawaiians to those lands are settled.

Such a moratoriumwould mirror the language of a January 2008 Hawai’i Supreme Courtdecision that ordered the state not to sell or transfer ceded landsuntil claims by Hawaiians to those lands are…

Continue Reading Latest Gambit In SCOTUS Ceded Lands Case