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Kamehameha Files Request For Court To Reconsider Ruling

Court Should Decide By Sept. 13 Whether Larger Group Will Hear Case

POSTED: 5:03 pm HST August 23, 2005
UPDATED: 5:35 pm HST August 23, 2005

Kamehameha Schools filed its request for reconsideration to a federal appeals court to protect its Hawaiians-first admissions policy.

A three-judge panel of the 9th Circuit Court of Appeals declared the admissions policy illegal last month.

In an 18-page petition, Kamehameha Schools' lawyers asked for a larger panel of judges to hear its case. It is harshly critical of the two judges who declared the admission policy illegal.

The filing points out that the ruling was the first time in history that a private program to help a minority group was overturned because of a law meant to protect minorities, KITV 4 News reported.

"I think that's just a perversion of our justice system," Attorney General Mark Bennett said.

"This is a unique case of immense important to us here in the islands and the court should get it right," constitutional attorney John Van Dyke said.

Much of the argument focuses on what Congress wants because Kamehameha's policies were declared invalid based on an old civil rights law. However, Kamehameha Schools points out newer laws.

"It is doing so because of the special political relationship between the United States and the Native Hawaiian people and the panel I think just simply got that wrong," Bennett said.

The 2002 law also said the political status of Native Hawaiians is comparable to that of Native Americans.

"We have a bunch of very specific statutes saying that the Native Hawaiians are entitled to separate and preferential treatment," Van Dyke said.

Opponents say the appeals court got it right the first time. They say that Kamehameha Schools doesn't have the legal right to exclude every non-Hawaiian applicant.

The court should decide by Sept. 13 whether it will assign an 11-judge panel to hear the case. If it doesn't, then Kamehameha may be forced to admit the non-Hawaiian student who brought the case while it goes to the Supreme Court.

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