Supreme Court renders a decision on the OHA v State of Hawaii case

by David

For more background information on the OHA v State of Hawaii, follow this link.

The Supreme Court of the United States rendered a decision today, March 31st, about the Ceded Lands case that was argued on February 25, 2009.

The decision overturned the Hawaii State Supreme Court's ruling that put a moratorium on the State of Hawaii from selling any of the Crown Land that was seized in the 1893 overthrow.

The Supreme Court's decision was based upon the fact that the Hawaii Supreme Court's ruling put so much weight on the Apology Bill.

The Apology Bill in the Justice's opinions was not intended to strip the State of Hawaii of it's authority over the Ceded Lands.

OHA's argument was that the case did not raise a federal question, but by using the Apology Bill, which is a federal law, it does.

However, this case will be thrown back down to the State Supreme Court, where the argument will be made that the state of Hawaii has a fiduciary responsibility to Native Hawaiians not to sell this land, as laid out under State Law, in the State of Hawaii's Constitution Article XII.

This argument will probably prevail, and then the case really won't raise a federal question, and the decision will more then likely stand.

This will not settle the underlying issue. The Kingdom of Hawaii was illegally overthrown, it was an unprovoked invasion, and is a continuing occupation.

The only solution on the table right now is the so called Akaka Bill, which will give limited benefits, to those that qualify for a certain blood quantum.

The Akaka Bill states that people that have less then 50% "Hawaiian" blood, are not recognized by the government as having any legal claim to the Kingdom.

Only those with 50% or more "Hawaiian" ancestry would qualify for benefits.

But if the Kingdom of Hawaii was reinstated, we all would have rights as citizens.

This blood quantum has served to divide people and families, and only serves the interests of the US.

To learn more go to our section on Hawaiian Sovereignty

Check Out the Hawaii Supreme Court's Ruling, and todays US Supreme Court Ruling