Tuesday, March 31, 2009

Senate President Hanabusa doubts state law supports a ceded lands injunction

At least that's how I interpret her comments to KGMB9's Steve Uyehara and Grace Lee. Watch the whole thing, but at about the 3:20 mark, when answering a question regarding the extent of the state supreme court's reliance on the Apology Resolution in enjoining the state from selling ceded lands, Senator Hanabusa remarks that -

Prior to this point in time, when you look at the decisions by the Hawaii Supreme Court, I never saw a reference to injunctions being offered. They've already and always felt that the resolutions with the Native Hawaiians was always a political issue and would always throw it back to the legislature for determination. So I would be relatively surprised if there's a basis in Hawaii law they're going to rely on.

7 comments:

John Powell said...

The legislature can impose a moratorium on sales, as a matter of public policy, without implicating federal law. If that's what they want to do. But it's easier to leave the important decisions up to unelected judges.

charley foster said...

So true. Legislatures punting political footballs over the fence into the judiciary's yard is a time-worn tradition.

Svah said...
This post has been removed by the author.
Anonymous said...

ah

an a la kauai eclectic delete?

just curious :)

charley foster said...

That comment was removed by the comment author. So far as I recall, I've ever removed a comment.

Anonymous said...

well then thank you for the clarification, and strong compliments for not unilaterally deleting (unlike some other, apparently emotional, people i know)

Anonymous said...

yes, it is so much easier to be anonymous and unemotional...