Posted by Free Hawai`i on March 31, 2009 at 10:24am
BULLETIN!US SUPREME COURT DECIDES STOLEN LANDS CASEWhat Does It Mean?The US Supreme Court simply remanded the case back to the Hawai`i Supreme Court because the justices unanimously decided this should be decided according to state law, not US federal law.From the Opinion -“When a state supreme court incorrectly bases a decision on federal law, the court’s decision improperly prevents the citizens of the State from addressing the issue in question through the processes provided by the State’s constitution.Here, the State Supreme Court incorrectly held that Congress, by adopting the Apology Resolution, took away from the citizens of Hawaii the authority to resolve an issue that is of great importance to the people of the State.Respondents defend that decision by arguing that they have both state-law property rights in the land in question and “broader moral and political claims for compensation for the wrongs of the past.” Brief for Respondents 18.But we have no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law.The judgment of the Supreme Court of Hawaii is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.”If you recall in their questioning during oral arguments, the justices kept asking both AG Mark Bennett and OHA “Why are you here? This matter should be decided by you all back in Hawai`i, not at the federal level.”Their decision issued today reflects that line of thinking completely.
Comments