Decided
Hawaii v. Office of Hawaiian Affairs
Judgment
Reversed and remanded, 9-0, in an opinion by Samuel Alito on Mar 31, 2009.
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)
Related Coverage
Apr 29, 2008Petition for a writ of certiorari filed. (Response due June 2, 2008)
May 7, 2008Order extending time to file response to petition to and including July 2, 2008, for all respondents.
Jun 2, 2008Brief amicus curiae of Pacific Legal Foundation filed.
Jun 2, 2008Brief of respondents Office of Hawaiian Affairs, et al. in opposition filed.
Jun 2, 2008Brief amicus curiae of Commissioner of Public Lands for the State of New Mexico filed.
Jun 2, 2008Brief amici curiae of Washington, et al. filed.
Jul 14, 2008Reply of petitioners Hawaii, et al. filed.
Jul 16, 2008DISTRIBUTED for Conference of September 29, 2008.
Oct 1, 2008Petition GRANTED.
Nov 6, 2008Letter from counsel for the petitioners consenting to the filing of amicus curiae briefs, in support of either or neither party, filed.
Nov 12, 2008The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including December 4, 2008.
Nov 12, 2008The time within which to file respondents' brief on the merits is extended to and including January 21, 2009.
Dec 1, 2008Letter from counsel for the respondents consenting to the filing of amicus curiae briefs in support of either or neither party filed.
Dec 4, 2008Joint appendix filed. Statement of costs received.
Dec 4, 2008Brief of petitioners Hawaii, et al. filed.
Dec 8, 2008SET FOR ARGUMENT ON Wednesday, February 25, 2009.
Dec 11, 2008Brief amicus curiae of United States filed.
Dec 11, 2008Brief amicus curiae of Mountain States Legal Foundation filed.
Dec 11, 2008Brief amici curiae of Pacific Legal Foundation, et al. filed.
Dec 11, 2008Brief amici curiae of Grassroot Institute of Hawaii, et al. filed.
Dec 11, 2008Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Dec 11, 2008Brief amici curiae of Washington, et al. filed.
Dec 11, 2008Brief amicus curiae of Commissioner of Public Lands for the State of New Mexico filed.
Dec 19, 2008CIRCULATED.
Dec 31, 2008Record received from the Supreme Court of Hawaii. (1 box)
Jan 8, 2009Record received from the First Circuit Court of Hawaii. (11 boxes)
Jan 12, 2009The time within which to file respondents' brief on the merits is extended to and including January 22, 2009.
Jan 22, 2009Brief of respondents Office of Hawaiian Affairs, et al. filed. (Distributed)
Jan 28, 2009Brief amici curiae of Native Hawaiians, Samuel L. Kealoha, et al. filed. (Distributed)
Jan 29, 2009Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 29, 2009Brief amici curiae of Native Hawaiian Legal Corporation, et al. filed. (Distributed)
Jan 29, 2009Brief amici curiae of Asian American Justice Center, et al. filed. (Distributed)
Jan 29, 2009Brief amicus curiae of Hawai'i Congressional Delegation filed. (Distributed)
Jan 29, 2009Brief amicus curiae of Abigail Kinoiki Kekaulike Kawananakoa filed. (Distributed)
Jan 29, 2009Brief amici curiae of Sovereign Councils of the Hawaiian Homelands Assembly, et al. filed. (Distributed)
Jan 29, 2009Brief amicus curiae of Alaska Federation of Natives, Inc. filed. (Distributed).
Jan 29, 2009Brief amici curiae of Current and Former Hawaii State Officials filed. (Distributed)
Jan 29, 2009Brief amici curiae of Equal Justice Society, and Japanese American Citizens League filed. (Distributed)
Jan 29, 2009Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Feb 3, 2009Corrected Petition Appendix A filed. (Distributed)
Feb 6, 2009Reply of petitioners Hawaii, et al. filed. (Distributed)
Feb 20, 2009Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 25, 2009Argued. For petitioner: Mark J. Bennett, Attorney General, Honolulu, Haw.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D.C>
Mar 31, 2009Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
May 4, 2009MANDATE ISSUED.
May 7, 2009Record returned to the Supreme Court of Hawaii.
Recommended Citation: Hawaii v. Office of Hawaiian Affairs, SCOTUSblog, https://www.scotusblog.com/cases/hawaii-et-al-v-office-of-hawaiian-affairs-et-al/