Real Estate & Property Law

SCOTUSblog's Preview Of The "Ceded Lands" Oral Arguments

By Robert Thomas (inversecondemnation.com)

SCOTUSblog posts "Argument Preview:  Hawaii v. Office of Hawaiian Affairs," which is a summary of the case and the briefs of the parties:

This case has attracted considerable attention. Including the United States?s brief, seven amicus briefs were filed in support of the State, most notably a brief on behalf of thirty-two states arguing that the decision below violates principles of federalism. Ten amicus briefs were filed in support of OHA. Several of those briefs raised issues that were not addressed by the parties? briefs. The Mountain States Legal Foundation filed a brief supporting the State in which it addressed the question whether Native Hawaiians deserve special deference from Congress similar to that given to American Indians; the Alaska Federation for Natives filed a brief in response. Another related argument, whether recognizing Native Hawaiian claims to land constitutes a race-based preference in violation of the Equal Protection Clause, was raised by the Pacific Legal Foundation, Cato Institute, and the Center for Equal Opportunity in support of the State and responded to by the National Congress of American Indians as well as The Native Hawaiian Legal Corporation et al.

For more about the ceded lands case, including the Hawaii Supreme Court decision under review, all of the merits and amicus briefs, and links to media reports and commentary, visit our ceded lands page.

Full post as published by inversecondemnation on February 20, 2009 (boomark / email).