While Fletcher's concurring opinion isn't binding, it shows that the 9th Circuit would vote to uphold the Akaka bill if it's ever passed by Congress, [UH law professor] Van Dyke said.

"That's huge," added Moses Haia, staff attorney for the Native Hawaiian Legal Corp.

"This basically puts Hawaiians on a different footing. This assumes that there's a political relation with the federal government."

Hmmm. Maybe it does mean what Van Dyke and Haia say, but take one step back. If that is indeed the assumption, then shouldn't such a de facto political relationship raise questions about the urgency to pass the federal recognition legislation (i.e. the Akaka Bill)? If the challenges to OHA and DHHL were to be repelled by the Court using the Kamehameha Schools ruling as precedent, there would be even less urgency.