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Kamehameha Waits For Court Decision On Admissions Policy

Appeals Court Ruling May Fall Along Political Lines

POSTED: 7:54 am HST June 21, 2006
UPDATED: 9:49 am HST June 21, 2006

Judges of the 9th Circuit Court of Appeals heard arguments on Tuesday about the Hawaiians-only admissions policy at Kamehameha Schools.

The case began three years ago when a Caucasian boy, only identified as John Doe, sued for admission to the school.

The 15 federal appellate judges grilled Kamehameha Schools' attorneys and the attorney for John Doe. The judges expressed concern about what a difficult decision they face. (Watch Video Report

In the end it may fall to partisan politics. The ruling that sparked protest last year declaring Kamehameha's Hawaiians-only admissions policy illegal was made by two Republican appointed judges. The six Republican appointees among the 15 judges vigorously challenged Kamehameha's lawyer on Tuesday.

"Council, then, you are conceding that we are dealing with racial preference?" Judge Alex Kozinski asked.

"Not at all your honor," Kamehameha Schools attorney Kathleen Sullivan said.

"The 9th Circuit always has tough questions. Questions are our friends because the questions help show the way to ruling in our favor, which we very much hope they will do," Sullivan told KITV after the court appearance ended.

The lawyer for the unidentified Caucasian boy who was denied admission to the school would not make any predictions about the court's decision.

"It's very tough to read from oral argument a possible result. I think good appellate lawyers won't do it, so I won't, either," attorney Eric Grant said.

The Kamehameha Schools' trustees and the small group of supporters that attended the hearing expressed concern for the institution's policy.

"(It's) very, very emotional. In fact, I think the whole week has been emotional because this is such a huge case," Kamehameha Schools trustee Douglas Ing said.

"My greatest fear would be the will would be broken and that we would not be able to educate the Hawaiians that need to be educated," Kamehameha Schools graduate Rosie Olegado said.

Despite the importance of the day, the John Doe applicant at the center of the dispute was absent, fearing publicity and harassment. However, his attorney said his client is willing to go on to the Supreme Court.

"We will do everything we can to take it there if we don't prevail here," Grant said.

The appeals courts often take a secret straw vote the day of arguments, sources told KITV. So the case may have already been decided.

However, things could change as both sides exchange draft opinions, which could take four months to a year.

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