Native Hawaiian Voting Case to Live On?

Lyle Denniston:

Lawyers for a group of Hawaiian residents challenging a move to create a new nation of native Hawaiians within the state have told a lower court that they may make a return trip to the Supreme Court to deal with a major shift in the other side’s tactics.  An election interrupted by the Supreme Court early this month has now been cancelled, and plans are moving ahead for a constitutional convention in February….

Meanwhile, the validity of the election has continued, at least nominally, as a live dispute in the U.S. Coourt of Appeals for the Ninth Circuit, with the challengers’ opening brief scheduled to be filed on December 23.  Citing the cancellation of the election by Na’i Aupuni, the challengers have now asked for a two-week postponement of the due date for their brief.

At a minimum, their lawyers said, the shift in tactics will require changes in that brief and, they added, “may change the litigation in ways more fundamental than alteration of briefs.”  One of the possible responses, the lawyers said, will be to ask the Supreme Court to take new action to stop the process.  They also said they would consider the option of dismissing the pending appeal in the Ninth Circuit.  They did not indicate what might follow such a dismissal.

Share this: