The settlement last week of the Supreme Court case challenging the race-based admissions policy of a group of private schools in Hawaii led officials of the Schools, and their lawyers, to proclaim full support for continuing the policy. The attorney for the youth who had sued has now offered a somewhat different perspective. The settlement was discussed in several posts on this blog Monday. Here is the statement of Sacramento attorney Eric Grant, who represented “John Doe” in the case of Doe v. Kamehameha Sschools (06-1202).
Interested Persons,
Following is my formal statement on behalf of John Doe, the
plaintiff/petitioner in Doe v. Kamehameha Schools:
As revealed yesterday, my client John Doe has settled his civil
rights lawsuit against Kamehameha Schools. As is typical in litigation, the
terms of the settlement are confidential. Accordingly, although my client
had sound reasons to enter into the settlement, I am not at liberty to
discuss those reasons or the circumstances that led to this resolution of
the case. I appreciate your respecting this constraint.
The trustees of Kamehameha Schools yesterday issued a statement
regarding the settlement. The statement correctly observes that John Doe’s
petition for certiorari has been withdrawn, meaning that last December’s
8-to-7 en banc decision of the U.S. Court of Appeals for the Ninth Circuit
“stands” — though without the sanction of the Supreme Court.
The trustees of Kamehameha Schools appear to see that decision as a
complete vindication of their racially exclusionary admissions policy. But
I see it, and I think most impartial observers would see it, as a reprieve
for that policy. I hope the trustees will take advantage of that reprieve
to reassess the wisdom and justice of maintaining an admissions standard
that categorically excludes children solely because they have the “wrong”
ancestry or bloodline.
If the trustees continue to choose exclusion and separation, they
should expect further legal challenges. I am confident that at the end of
the road, long though it may be, the principle of equal justice under law
will prevail at Kamehameha Schools.
(Please let me know if you do not wish to receive similar messages in the
future.)
Cordially,
Eric Grant
Attorney at Law
8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: (916) 388-0833
Facsimile: (916) 691-3261
http://www.eric-grant.com