The U.S. Supreme Court has granted the State of Hawaii’s petition for a writ of certiorari to review the Hawaii Supreme Court’s decision in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.petition filed Apr. 29, 2008). The State of Hawaii asked the Court to review and overturn Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008).
The Question Presented is:
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 about thestatus of that land.
The amicus brief Pacific Legal Foundation filed in the case is posted here. The State’s petition is posted here. The Office of Hawaiian Affairs’ Brief in Opposition. The brief of 29 states supporting Hawaii is here, and the amicus brief of the New Mexico Commissioner of Public Lands supporting cert is here. The Supreme Court’s case docket is here.