Posted by Free Hawai`i on March 10, 2009 at 3:55am
What Really Happened At The US Supreme CourtBy Leon SiuReading the newspaper accounts of the State of Hawaii v. the Office of Hawaiian Affairs oral arguments at the Supreme Court I asked myself, were they in the same courtroom that I was?Hawai`i newspapers put a phony, positive spin on what actually went down.The state's whole case is built upon the premise that the State of Hawai`i has "indisputable perfect title” to the “ceded lands.”Well guess what? If their title was “indisputable” and “perfect” why are they in court?And why have they been in court over this issue for 14 years? Because there is a dispute! There is a question of title!OHA never challenged the state’s “perfect title” claim and argued instead that according to state laws, the state had a “fiduciary duty,” sort of a moral obligation, to take care of the Native Hawaiians.That led Justice Ginsburg to ask, “The Native Hawaiians -- they do get 20 percent of the proceeds, correct?”And the OHA attorney to answer, “That's correct…as a matter of State law they get 20 percent of the revenue from the ceded-lands trust…” (we all looked incredulously at each other…since when?)Then he clarified, “…though the amount of that revenue has itself been the subject of protracted and unresolved litigation.” Oh, so we get 20%, but not yet! The check’s in the mail… Yeah, right.Later, Justice Kennedy stated to the OHA attorney: “Your whole case rests on a cloud on the title in favor of your clients. But you - you ignore the cloud on the title that has been entered against the State.”
Many lies from Lingle and her bandits. What is the 20% being spent on? Why fund Kau Inoa for xxx millions and can't fix the homeless problems that currently impact Native Hawaiians. What is OHA doing about it?
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