Courts Upholds KS Admissions
Breaking
news from the
Advertiser:A divided federal appeals court ruled today that Kamehameha Schools can favor Hawaiian natives for admission to help a downtrodden indigenous population.
The 8-7 decision by a 15-judge panel of the 9th U.S. Circuit Court of Appeals overturned the court's three-judge decision that the Kamehameha Schools policy amounted to unlawful discrimination.
The majority noted that the case, brought by a white student excluded from admission to the private school because of his race, was unique because Congress has singled out the plight of native Hawaiians as they have with Alaskan natives and American Indians.
The policy, the court ruled, "furthers the urgent need for better education of Native Hawaiians, which Congress has repeatedly identified as necessary."
That
was a close decision. Certainly it will be appealed now to the Supreme Court, I
would think. (Update:
Advertiser
confirms
plans for appeal.)One immediate thought
I have is that the court used Congress' support of Native Hawaiian education to
uphold the admissions policy, without requiring Native Hawaiians to be formally
federally recognized. Which begs the question, given that protecting these
programs is one of the major reasons given why supporters believe federal
recognition is needed: how would federal recognition change things? Is it really
necessary to protect the programs? Did that factor into the decision of any of
the judges? Would any of them who voted against KS have voted for the school if
Native Hawaiians were federally recognized? Seems to me the justification for
the urgency of federal recognition to protect Hawaiian programs just got a bit
thinner.Update:
Advertiser
has full
text of the decision (PDF). Here's the original court source for the
decision.
Star-Bulletin
also has a story
with more background.KS had a news
conference at 10:45.Another place to
discuss
it at the Advertiser
forum.
Posted: Tue - December
5, 2006 at 10:35 AM