The Legal Information Institute at Cornell Law School — which previews U.S. Supreme Court cases — has published its summary of the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). The preview offers a neutral view of the issues and analyzes the arguments of the parties. Here’s the short version:
In 1993, Congress and the President adopted a resolution(“Apology Resolution”), in which the UnitedStates apologized for its role in the overthrow of the Kingdom of Hawaii in 1893. Shortly thereafter, theOffice of Hawaiian Affairs (“OHA”) sought to enjoin a residential development onthe Leiali’i land parcel, land owned by the state, but held in trust for NativeHawaiians and the general public. OHA also requested that the state agency incharge of the parcel’s development certify that any transfer of the parcel’s ownershipwould not diminish Native Hawaiians’ claims to the land. The state agencyrefused and sent OHA a check for the land, which OHA refused. The HawaiiSupreme Court held that the Apology Resolution had changed the legalrelationships of the parties involved, and enjoined further development of theland until the state of Hawaiireconciled with Native Hawaiians. In this case, the Supreme Court mustdetermine whether the Apology Resolution changes the legal duties andobligations of the parties involved, or whether it is simply a statement ofregret. This case will have far-reaching implications for land in other stateswhich may have competing claims of ownership by native populations.
The entire preview is available here. Oral arguments in the case are set for 10 am EST, February 25, 2009.The merits and amici briefs in the case, and links to media reports andcommentary, are posted on our ceded lands page. [Disclosure: I helped author an amicus brief supporting the State’s arguments.]