Here’s the State of Hawaii’s Motion to Affirm, filed earlier today. This brief responds to the Jurisdictional Statement, filed two months ago in the case now pending in the U.S. Supreme Court which challenges the 2012 Hawaii Reapportionment Plan. The State has hired some very big gun Supreme Court litigators (at who knows
Voting rights | election law
Fed Ct: Hawaii’s Open Primary Not Facially Unconstitutional
Here’s a ruling we’ve been waiting for in the Hawaii Democratic Party’s federal court challenge to Hawaii’s “open primary” process. U.S. District Judge J. Michael Seabright yesterday denied the Party’s motions for summary judgment and preliminary injunction, and instead granted the State’s cross-motion, effectively ending the case.
The court held that the open…
Latest On Democrats’ Challenge To Hawaii’s Open Primary

Here’s the latest on the Hawaii Democratic Party’s federal court challenge to Hawaii’s “open primary” election system, a case we’ve covered earlier. Both the Party and the defendant State of Hawaii have sought summary judgment, but according to this report (“Judge hints at ruling in Democratic Party’s lawsuit“), it may be…
Hawaii Dem Party In Open Primary Challenge: Hawaii Citizens “Think One Way,” So Don’t Reward Incompetent Parties By Violating Our Associational Rights
Here’s the latest brief in the Democratic Party’s federal court challenge to Hawaii’s “open primary” system (the Party’s reply brief, which both is its final word supporting its motion for summary judgment, and its response to the State of Hawaii’s counter-motion for summary judgment).
This brief responds to the State’s argument that…
State Of Hawaii: Open Primary Is Constitutional Because Pulling A Democratic Ballot Is “An Act Of Affiliation With The Democratic Party”
Here’s some news: the State of Hawaii thinks that Hawaii has a “vibrant multi-party system.”
Really?
The reality, of course, is not only different, it is much different, as a summary of the situation by Honolulu Civil Beat (“One-Party Dominance“) points out. An overwhelmingly Democratic congressional delegation, a nearly one-party legislature, only one…
Hawaii Federal Court: Kauai Charter Amendment Limiting Vacation Rentals Is A Prohibited “Zoning Initiative”
Late last year, we posted the Complaint in a federal court lawsuit originating on Kauai. In that case, the owner of a property that has been designated for resort development for 35 years asserted that the adoption of a Charter amendment by the County’s voters and a follow-on ordinance adopted by the County Council that…
Three-Judge District Court: No Equal Protection Violations In Excluding Military From Reapportionment Population, Or in 44% Deviation
It’s easy to report when you win a case, not so easy when you … don’t (at least not yet).
That’s the result in this stage of the Hawaii reapportionment case, as yesterday, a three-judge U.S. District Court denied the plaintiffs’ motion for summary judgment and entered summary judgment for the state defendants. We…
More On The Democratic Party’s “Open Primary” Challenge
Ian Lind has more on the federal lawsuit by the Hawaii Democratic Party that seeks to invalidate Hawaii’s “open primary” system. Start here at his blog (“Dem lawsuit: Bold strategy or self-inflicted injury?“), then continue to the full story at Honolulu Civil Beat (“Hawaii Monitor: Primary Politics“).
Hawaii adopted the open…
Members Only: Hawaii Democratic Party Seeks Closed Primary
A slight detour into our other favorite area of law, election law and voting rights. Yesterday, the Democratic Party of Hawaii (finally, after years of hemming and hawing) pulled the trigger on a federal court lawsuit seeking to invalidate Hawaii’s “open primary” laws (Haw. Const. art II, § 4, Haw. Rev. Stat. ch.
Voting Equality vs. Representational Equality – Cert Denied In “One Person, One Vote” Case
This morning, the Supreme Court released the order with the results of last Friday’s conference, revealing the Court has declined to review Lepak v. City of Irving, No. 12-777 (petition for cert. filed Dec. 21, 2012). We’re covering this issue here because as some of you might recall, we represent the plaintiffs in a…
