9th Circuit rejects Native Hawaiian funding challenge

Monday, February 12, 2007  

The 9th Circuit Court of Appeals reversed course on Friday and ruled that non-Native taxpayers in Hawaii can't sue to stop the state from funding Native Hawaiian programs.

In August 2005, the 9th Circuit allowed the suit against the Office of Hawaiian Affairs to go forward. But last June, the U.S. Supreme Court ordered new proceedings after ruling against taxpayers in an unrelated Ohio case.

On remand, the 9th Circuit agreed that the non-Natives lacked legal standing to challenge Native programs funded by OHA, a state agency. The court, however, said it was possible that the plaintiffs could establish standing on other grounds, an issue to be considered by a federal judge.

Get the Story:
OHA challenge set back (The Honolulu Star-Bulletin 2/10)
Court rules against bid to halt funding of OHA (The Honolulu Advertiser 2/10)

9th Circuit Decision:
Arakaki v. Lingle (February 9, 2007)

Case Documents
Lingle v. Arakaki (Native American Rights Fund)

Relevant Links:
Office of Hawaiian Affairs - http://www.oha.org

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