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Law Expert Says Akaka Bill Critical To Kamehameha Case

Native Hawaiian Community Split Over Support For Measure

POSTED: 6:07 pm HST August 3, 2005
UPDATED: 8:40 pm HST August 3, 2005

Hawaii's top constitutional law professor said the most important thing to preserve Kamehameha Schools' Hawaiians admissions policy now is the passage of the Akaka Bill.

On Sept. 6, the U.S. Senate will consider Sen. Daniel Akaka's cloture petition to force a vote on the Native Hawaiian Recognition Act.

Constitutional law specialist Jon Van Dyke said the so-called Akaka Bill will give an enormous boost to Kamehameha Schools' legal battle to retain its admissions policy

"Certainly the single most important thing that could happen in the immediate future would be the passage of the Akaka Bill," Van Dyke said.

The Akaka Bill would give native Hawaiians the same federal recognition as Native Americans and Native Alaskans.

"And that relationship is very, very important to how the courts review cases," Van Dyke said.

Van Dyke said passage of the Akaka Bill would help protect programs like Kamehameha's and spur federal judges to think differently.

"If the Akaka Bill were to pass then it would be saying things very explicitly and they would, I think, have to reconsider this decision," Van Dyke said.

Even so, Akaka Bill opponents said they still don't want the bill. Vicky Takamine said it would rob Hawaiians of rights and lands they consider sacred.

"I would not even consider this bill," Takamine said. "I would be very fearful because we are going to throw all our eggs in the basket to save Kamehameha Schools and lose everything else."

Kamehameha Schools' spokesman Kekoa Paulson said in terms of impact, the school's never viewed the Akaka Bill as any kind of magic bullet, but it is looking at it.

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