Blood quantum lawsuit against OHA reinstated
AP
reports
via the Advertiser
(same story
in the
Star-Bulletin):A federal appeals court on Tuesday reinstated a lawsuit five Native Hawaiians filed against the Office of Hawaiian Affairs trustees to stop the state agency from funding programs for those who have less than 50 percent Hawaiian blood.
U.S. District Judge Susan Oki Mollway threw out the legal challenge last August, saying recent Supreme Court cases had undermined prior case law and the suit wouldn't be supported.
But a three-judge panel of the Ninth Circuit Court of Appeals reversed Mollway's decision, saying there is well-established precedent supporting the basis for the suit.
The appeals court didn't rule on the merits of the case but instead ordered it back to District Court for consideration.
Update:
Doug White posts on the
topic.Update 8/11:
Star-Bulletin
editorial
says "the Office of Hawaiian Affairs faces a serious challenge by those with 50
percent or more Hawaiian blood."
Posted: Wed - August 8, 2007 at 10:19 AM