State of Hawaii Files Brief Supporting Kamehameha Schools in Admissions Case

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(HONOLULU) On behalf of the state of Hawaii, the state attorney general’s office sent to the United States Court of Appeals for the Ninth Circuit an amicus curiae brief in support of Kamehameha School’s Petition for Rehearing En Banc, which seeks to have 11 judges rehear the case, and overturn the 2-1 panel ruling striking Kamehameha’s Native Hawaiian admissions policy as an illegal “racial” contract.

The amicus brief urges the Ninth Circuit to rehear the case en banc, because the case presents a question of “exceptional importance.”


The brief explains that the existing panel ruling will have a profound negative impact upon the state of Hawaii, the public interest, and Native Hawaiians.

It explains that the ruling threatens an institution that has done more to remedy the wrongs committed against Native Hawaiians than perhaps any other private entity, and disregards clear evidence that Congress does not view the activities of Kamehameha as unlawful, but
affirmatively endorses them.

And the brief argues that the panel erred in declining to
consider a fundamental argument — that Congress does not view Kamehameha’s admissions policy as being “racial” at all.

I continue to believe the Ninth Circuit panel decision was wrong, and I hope that rehearing En Banc will be granted.

I have filed this amicus brief because of the importance of this case to the state of Hawaii.

”’To see the amicus brief in an Adobe Acrobat pdf version, see:”’ “Attorney General Amicus Brief file”

”’Mark Bennett is the state attorney general for the state of Hawaii.”’

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