Appellate Ruling Bars Hawaiian Only Admissions policy - Beyond Tiki

M mahalomo Tiki Centralite SD, CA / Kona, HI Joined: Feb 10, 2005 Posts: 72	M mahalomo Posted posted on Fri, Aug 5, 2005 2:54 PM Re: public v. private; For the most part established law says it doesn't matter if it's public or private, schools can't exist that deny people solely on race-based reasons. I found it interesting, though, after reading the case that the school "conceded" that this was purely raced-based and didn't attempt to argue more along the lines of the "special relationship with government" lines. That argument has worked in the past for several Native American communities and might have had at least been a more difficult question for the court here. Perhaps this will be overturned by an en banc ruling, or the Akaka bill will pass which should allow this issue to be revisited, if not overtuned legislatively.

Re: public v. private; For the most part established law says it doesn't matter if it's public or private, schools can't exist that deny people solely on race-based reasons.
I found it interesting, though, after reading the case that the school "conceded" that this was purely raced-based and didn't attempt to argue more along the lines of the "special relationship with government" lines. That argument has worked in the past for several Native American communities and might have had at least been a more difficult question for the court here.
Perhaps this will be overturned by an en banc ruling, or the Akaka bill will pass which should allow this issue to be revisited, if not overtuned legislatively.

Post #177593 by mahalomo on Fri, Aug 5, 2005 2:54 PM