Appellate Ruling Bars Hawaiian Only Admissions policy - Beyond Tiki

C christiki295 Member LA-2547 mls east Hawaii &5500 Easter Is Joined: Apr 09, 2003 Posts: 3837	C christiki295 Posted posted on Fri, Aug 5, 2005 6:10 PM On 2005-08-05 14:54, mahalomo wrote: 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. Interesting issue, Mahalomo. The "speical relationship with government" was argued, but the Court did not accept it. The Court distinguished the Hawaiians from Native Americans by holding Native Americans were a political group, whereas Hawaiians were a race and the KS could not discriminate on race based on the Equal Rights Act of 1964/Title VII USC. This may be a little convenient because native Americans are also a discrete ethnic group (but I don't know if the underlying briefs addressed that issue). The Akaka bill seemingly could enable K-schools to more closely resemble native Americans once it passes and provides "Nation within a Nation status" - but it remains stalled in the Senate. The Court did provide a full paragraph about the uniqueness of Hawaii and Hawaiians, but that did not carry the day. Maybe the true battle is yet to come - if KS admits only 20% non-Hawaiians and then immediately destroys admission records, so as to prevent them from being available for future lawsuits by non-Hawaiians claiming their grades were better.

On 2005-08-05 14:54, mahalomo wrote:
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.

Interesting issue, Mahalomo.

The "speical relationship with government" was argued, but the Court did not accept it.

The Court distinguished the Hawaiians from Native Americans by holding Native Americans were a political group, whereas Hawaiians were a race and the KS could not discriminate on race based on the Equal Rights Act of 1964/Title VII USC.

This may be a little convenient because native Americans are also a discrete ethnic group (but I don't know if the underlying briefs addressed that issue).

The Akaka bill seemingly could enable K-schools to more closely resemble native Americans once it passes and provides "Nation within a Nation status" - but it remains stalled in the Senate.

The Court did provide a full paragraph about the uniqueness of Hawaii and Hawaiians, but that did not carry the day.

Maybe the true battle is yet to come - if KS admits only 20% non-Hawaiians and then immediately destroys admission records, so as to prevent them from being available for future lawsuits by non-Hawaiians claiming their grades were better.

Post #177648 by christiki295 on Fri, Aug 5, 2005 6:10 PM