‘Ceded lands’: House adopts Resolution asking Gov. Lingle to withdraw appeal to U.S. Supreme Court

Honolulu. Today, the House adopted Senate Concurrent Resolution 40, which urges Gov. Linda Lingle and Attorney General Mark Bennett to withdraw the appeal to the U.S. Supreme Court of the Hawai‘i Supreme Court’s decision to place a moratorium on the selling of “ceded lands” until reconciliation is reached with Native Hawaiians.

“One of the reasons why we are supporting this measure is because it’s the first time a state governor has ever challenged its state supreme court,” Rep. Mele Carroll said on the House floor. “If we’re going to talk about transparency, Gov. Lingle never spoke to the people before filing its appeal to the U.S. Supreme Court.”

As Chair of the Hawaiian Affairs Committee, Rep. Mele Carroll sat through many debates and interacted with the community, Hawaiian leaders, and State officials. With the start of the 2009 Legislative Session, Rep. Mele Carroll had discussions with Gov. Linda Lingle, Attorney General Mark Bennett, Department of Hawaiian Home Lands Chair Micah Kane, Office of Hawaiian Affairs Trustees Haunani Apoliana, Walter Heen, Oswald Ostender, Collette Machado, and Robert Lindsey, OHA’s Administrator Clyde Namu‘o as well as OHA’s attorney Bill Maheula, regarding the appeal to the U.S. Supreme Court on “ceded lands.”

Other members of the Hawaiian community who Rep. Mele Carroll had discussions with about the moratorium are the Royal Order of Kamehameha Ali‘i Nui Clifford Hashimoto and members, Hawai‘i attorney Sherry Broder, The Reinstated Hawaiian Government Prime Minister Henry Noa, Aha Kiole Representatives, Association of Hawaiian Civics Clubs President Leimomi Kahn, and Kumu Hula Vicky Holt-Takamine of Iliuokalani, among many others.

On the floor, Rep. Angus McKelvey, in strong support of SCR40, reminded lawmakers that the “ceded lands” issue is one that affects all of Hawai‘i’s people and the State’s future generations. “The reconciliation process will bring everyone, Hawaiians and non-Hawaiians, together,” he said.

Rep. Maile Shimabukuro, who also voted in support of SCR40, said to lawmakers who said they were not yet familiar with the issue that extensive measures had been made by the Legislative Hawaiian Caucus and the media to educate the public on the significance of a U.S. Supreme Court decision on “ceded lands.”

Rep. Mele Carroll told the House that SCR40 and the Hawai‘i Supreme Court’s decision does not challenge any title to “ceded lands” and that it is simply a statement of policy, which supports a moratorium on the selling of those lands until the reconciliation process with Native Hawaiians, as directed by Congress and by Hawai‘i’s Legislature, can take place.

“This timing is crucial,” Rep. Mele Carroll said. “We need this resolution as we go to the U.S. Supreme Court.”

The U.S. Supreme Court hears opening testimony on the appeal on February 25.

SCR40 has been adopted in its final form by both the House and the Senate and certified copies will be transmitted to the Governor and the Attorney General.

SCR40
URGING THE GOVERNOR AND THE ATTORNEY GENERAL TO WITHDRAW THE APPEAL TO THE UNITED STATES SUPREME COURT OF THE HAWAII STATE SUPREME COURT DECISION, OFFICE OF HAWAIIAN AFFAIRS V. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, 117 HAWAII 174 (2008).