Hawaii v. Office of Hawaiian Affairs
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-1372 | Haw. S.Ct. | Feb 25, 2009 | Mar 31, 2009 | 9-0 | Alito | OT 2008 |
Issue: Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Samuel Alito on March 31, 2009.
SCOTUSblog Coverage
- Opinion Recap: Hawaii v. Office of Hawaiian Affairs (Eliza Presson, April 6, 2009)
- Tobacco punitive verdict stands (Lyle Denniston, March 31, 2009)
- Recap of decision in AT&T v. linkLine (Kevin Russell, February 26, 2009)
- Argument Preview: Hawaii v. Office of Hawaiian Affairs (Eliza Presson, February 20, 2009)
Briefs and Documents
Merit briefs
- Brief for Petitioner the State of Hawaii
- Brief for Respondent Office of Hawaiian Affairs
- Reply Brief for Petitioner the State of Hawaii
Amicus briefs
- Brief for the Center for Constitutional Jurisprudence in Support of Petitioner
- Brief for the Commissioner of Public Lands for the State of New Mexico in Support of Petitioner(reprint)
- Brief for the Pacific Legal Foundation, the CATO Institute, and the Center for Equal Opportunity in Support of Petitioner
- Brief for the Mountain States Legal Foundation in Support of Petitioner
- Brief for the Grassroots Institute of Hawaii and the Southeastern Legal Foundation, Inc., in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the Washington, Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, and Wyoming in Support of Petitioner
- Brief for the Alaska Federation of Natives, Inc., in Support of Respondent
- Brief for the Equal Justice Society, and the Japanese American Citizens League in Support of Respondent
- Brief for Abigail Kinoiki Kekaulike Kawananakoa in Support of Respondent
- Brief for the National Congress of American Indians in Support of Respondent
- Brief for the Hawaii Congressional Delegation in Support of Respondent
- Brief for Current and Former Hawaii State Officials in Support of Respondent
- Brief for The Native Hawaiian Legal Corporation, the Association of Hawaiian Civic Clubs, Hawai‘I Maoli, the Native Hawaiian Chamber Of Commerce, the ‘Ilio‘Ulaokalani Coalition, the Council for Native Hawaiian Advancement, and I Mua Group in Support of Respondent
- Brief for the Asian American Justice Center, the National Coalition for Asian Pacific American Community Development, Inc., Organization of Chinese Americans, Inc., the Asian Law Caucus, the Asian American Institute, the Asian and Pacific Islander American Health Forum, and the Asian Pacific American Legal Center in Support of Respondent
- Brief for the Sovereign Councils of the Hawaiian Homelands Assembly, Na ‘A‘Ahuhiwa, the Native Hawaiian Bar Association, Hui Kako’o ‘Aina Ho’o Pulapula, and ‘Ahahui O Hawai’i in Support of Respondent
- Brief for Native Hawaiians, Samuel L. Kealoha, Jr., Virgil Emmitt Day, Jr., Patrick Kahawaiolaa, Josiah L. Hoohuli, and Mel Hoomanawanui in Support of Respondent
Certiorari-Stage Documents
- Opinion below (Supreme Court of Hawaii)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief of Pacific Legal Foundation (in support of petitioner)
- Brief of Commissioner of Public Lands for the State of New Mexico (in support of petitioner)
- Brief of Washington, et al. (in support of petitioner)
Merit briefs
- Brief for Petitioner the State of Hawaii
- Brief for Respondent Office of Hawaiian Affairs
- Reply Brief for Petitioner the State of Hawaii
Amicus briefs
- Brief for the Center for Constitutional Jurisprudence in Support of Petitioner
- Brief for the Commissioner of Public Lands for the State of New Mexico in Support of Petitioner(reprint)
- Brief for the Pacific Legal Foundation, the CATO Institute, and the Center for Equal Opportunity in Support of Petitioner
- Brief for the Mountain States Legal Foundation in Support of Petitioner
- Brief for the Grassroots Institute of Hawaii and the Southeastern Legal Foundation, Inc., in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the Washington, Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, and Wyoming in Support of Petitioner
- Brief for the Alaska Federation of Natives, Inc., in Support of Respondent
- Brief for the Equal Justice Society, and the Japanese American Citizens League in Support of Respondent
- Brief for Abigail Kinoiki Kekaulike Kawananakoa in Support of Respondent
- Brief for the National Congress of American Indians in Support of Respondent
- Brief for the Hawaii Congressional Delegation in Support of Respondent
- Brief for Current and Former Hawaii State Officials in Support of Respondent
- Brief for The Native Hawaiian Legal Corporation, the Association of Hawaiian Civic Clubs, Hawai‘I Maoli, the Native Hawaiian Chamber Of Commerce, the ‘Ilio‘Ulaokalani Coalition, the Council for Native Hawaiian Advancement, and I Mua Group in Support of Respondent
- Brief for the Asian American Justice Center, the National Coalition for Asian Pacific American Community Development, Inc., Organization of Chinese Americans, Inc., the Asian Law Caucus, the Asian American Institute, the Asian and Pacific Islander American Health Forum, and the Asian Pacific American Legal Center in Support of Respondent
- Brief for the Sovereign Councils of the Hawaiian Homelands Assembly, Na ‘A‘Ahuhiwa, the Native Hawaiian Bar Association, Hui Kako’o ‘Aina Ho’o Pulapula, and ‘Ahahui O Hawai’i in Support of Respondent
- Brief for Native Hawaiians, Samuel L. Kealoha, Jr., Virgil Emmitt Day, Jr., Patrick Kahawaiolaa, Josiah L. Hoohuli, and Mel Hoomanawanui in Support of Respondent
Certiorari-Stage Documents
- Opinion below (Supreme Court of Hawaii)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief of Pacific Legal Foundation (in support of petitioner)
- Brief of Commissioner of Public Lands for the State of New Mexico (in support of petitioner)
- Brief of Washington, et al. (in support of petitioner)