indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Court affirms Native Hawaiian ruling
MONDAY, JANUARY 6, 2003

The 9th Circuit Court of Appeals last week upheld a ruling that allows non-Natives to oversee trust programs designed to benefit Native Hawaiians.

In a unanimous opinion, a three-judge panel said the Office of Hawaiian Affairs (OHA) can't limit its nine trustee positions to Native Hawaiians. The court said the restriction violates the U.S. Constitution.

"The judgment requires Hawaii 'to permit otherwise qualified non-Hawaiians to run for office and to serve, if elected, as trustees of the [OHA],'" Circuit Judge A. Wallace Tashima wrote on December 31.

The ruling follows a 2000 U.S. Supreme Court precedent that opened voting for OHA elections to non-Natives. Ted Olson, who is President Bush's Solicitor General, fought the state of Hawaii on behalf of a white rancher.

In the current case, Pacific Legal Foundation represented non-Natives who challenged the OHA policy. On behalf of one client, Pacific Legal fought sacred site protections on the Hoopa Valley Reservation in California and is currently representing non-Indian farmers in the Klamath River Basin.

Native Hawaiians fear that non-Native involvement will result in a loss of their trust lands and hurt cultural and other programs. A bill to recognize a Native Hawaiian government has been stalled in Congress for two years.

Get the Decision:
ARAKAKI v. STATE OF HAWAII, No. 00-17213 (9th Cir. December 31, 2002)

Get the Story:
Hawaiians forge uneasy alliance (The Honolulu Advertiser 1/6)

Relevant Links:
Native Hawaiian Sovereignty Site - http://www.hawaii-nation.org
Native Hawaiians, Department of Interior - http://www.doi.gov/nativehawaiians
Native Hawaiian Federal Recognition Site - http://www.nativehawaiians.com

Related Stories:
Native Hawaiians press sovereignty (10/14)
U.S. dismissed from Native Hawaiian case (09/04)
Inouye: Native Hawaiian bill won't pass (8/8)
Native Hawaiian bill supported (7/16)
Native Hawaiians intervene in lawsuit (7/12)
Judge won't halt Hawaiian funding (3/14)
Native Hawaiian trust challenged (3/6)
Native Hawaiian bill on Senate agenda (7/20)
Federal judge blocks Army training (7/19)
Native Hawaiian lawsuit dismissed (7/13)
Shift in Senate means changes for Indian Country (5/25)
Senate confirms Olson as Solicitor General (5/25)
Native Hawaiian lands threatened (5/24)
A first for Native Hawaiians (4/5)
Indian Law and the Supreme Court (12/11)
OHA survives elections (11/14)
Final Hawaiian report released (10/24)
Native Hawaiian bill passes House (9/27)
Hawaiian affairs still controversial (9/13)
US recommends Hawaiian sovereignty (8/24)
Non-Natives win battle in suit (8/17)
Where are the Dems on tribes? (8/16)
March raises sovereignty awareness (8/14)
The GOP 2000 Platform on Native Americans (8/1)
Group challenges Hawaii (7/7)
Hawaiians march for sovereignty (7/5)

Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Youth take on lead role in Dakota memorial ride (12/17)
Mark Trahant: NCAI launches new campaign against racist mascot (12/17)
Norm DeWeaver: Job market is a disaster zone in Indian Country (12/17)
Amanda Blackhorse: Fake chiefs and fake headdresses must go (12/17)
DOI makes $9M in buy-back offers on Coeur d'Alene Reservation (12/17)
Shoshone-Bannock Tribes see success with two bills in Congress (12/17)
Boyd Cothran: Torture justified by treatment of Indian prisoners (12/17)
Rep. Gosar faces criticism over bill that benefits Hualapai Tribe (12/17)
Navajo Nation's highest court dismisses challenge to candidate (12/17)
Column: Tribal voices often minimized in environmental debate (12/17)
Column: Chief Cliff still an undeniably spiritual place in Montana (12/17)
Native activists in Brazil protest land bill with bows and arrows (12/17)
Shakopee Tribe funds Eastern Shoshone Tribe casino expansion (12/17)
Stillaguamish Tribe welcomes first guests to $27M casino hotel (12/17)
Jamul Band finishes excavation work for $360M gaming facility (12/17)
Catawba Nation casino opponents meet with BIA officials in DC (12/17)
Column: No rush on marijuana sales at Eastern Cherokee casino (12/17)
Tim Giago: Think unity and fun at Olympics of Indian basketball (12/16)
Doug George-Kanentiio: War of 1812 solved nothing for Mohawk (12/16)
Karla General: Putting words into action for indigenous peoples (12/16)
Native Sun News: Native women launch business in Rapid City (12/16)
Steven Newcomb: US still holds colonial attitude towards tribes (12/16)
Southern Ute Tribe holds inauguration for chairman after run-off (12/16)
California supports non-Indian man in reservation boundary case (12/16)
Cherokee Nation court backs workers who lost jobs after election (12/16)
Menominee Nation declares emergency due to flooding conditions (12/16)
Two tribes in Michigan to rebury ancestors removed decades ago (12/16)
Opinion: DOJ marijuana policy in Indian Country raises questions (12/16)
Supreme Court rejects suit over Yavapai-Apache casino contract (12/16)
Appeal set in Pojoaque Pueblo Class III gaming compact dispute (12/16)
Santa Ysabel Band ordered to shut down online bingo operation (12/16)
Interview with Morongo Band chairman on anniversary of casino (12/16)
Keweenaw Bay Indian Community voters reject new casino plan (12/16)
Native Sun News: First Peoples Fund connects artists to economy (12/15)
Ivan Star: Being Lakota is something that comes from the heart (12/15)
Alex Jacobs: Nuclear industry leaves mark on Native community (12/15)
Congress passes bill with mine on sacred Apache land in Arizona (12/15)
Defense measure opens sacred site in Washington to the public (12/15)
Navajo Nation buys sacred masks from auction house in France (12/15)
VAWA jurisdiction provision poses special issue for Alaska tribes (12/15)
Senate joins House in approving $1.1T appropriations measure (12/15)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.