The State of Hawaii filed its merits brief in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). Download the brief here.
The U.S. Supreme Court is reviewing the decision of the Hawaii Supreme Court in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008), which held that the resolution in which Congress apologized for the United States’ role in the overthrow of the Kingdom of Hawaii in 1893 prohibits the state from transferring the ceded lands until a political settlement is reached with native Hawaiians.
The Court is reviewing the following 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 about thestatus of that land.
The Office of Hawaiian Affairs’ brief is due January 21, 2009. [Disclosure: we filed an amicus brief supporting the State at the petition stage, and will be filing a merits amicus supporting the State next week.]
Visit our ceded lands case page for the cert stage briefs of the parties, and links to commentary and media reports about the case.