According to
the Advertiser -
Acting Solicitor General Edwin Kneedler will be allowed to speak on behalf of the state of Hawaii in its ceded land case against the Office of Hawaiian Affairs on Wednesday, the U.S. Supreme Court decided today.
The paper points out that
OHA and its supporters had hoped that President Barack Obama's new solicitor general, Elena Kagan, would drop Kneelder's support of the state's position on the case.
But, you know, it was just a bad idea for everyone - from the OHA in the original case, to the state Supreme Court - to make the federal apology resolution (at least appear) so central to the issue of freezing sales of the ceded lands. (Of course, I make that observation with the benefit of hindsight). Had the OHA's arguments and the Supreme Court decision been more clearly based in state law, then arguably the outcome would not have had such broad implications for the interests of other states and the federal government. Whether or not it could have been foreseen and avoided (I think it could have been), the OHA and the state Supreme Court created by their own arguments all the opposition they are now experiencing.
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