HONOLULU (AP) — A U.S. District Court judge is deciding whether to once again dismiss a lawsuit filed against the Office of Hawaiian Affairs.

Judge Susan Oki Mollway heard arguments yesterday in the case that pits OHA against five Native Hawaiians.

The five are seeking to stop OHA from funding programs for those who have less than 50 percent Hawaiian blood.

They say the state agency breached the public land trust by paying for programs for all Hawaiians, regardless of their blood quantum.

Mollway threw out the case in 2006. But it was reinstated last August by a federal appeals court.

On Friday, Mollway issued an "inclination" statement, indicating she was leaning toward siding with OHA and its motion to dismiss the case.

OHA's attorney said a Native Hawaiian government established by the pending Akaka Bill will have to define its membership.

"That entity would have its rules and its rules will probably have a blood quantum," Klein said.
[...]
Even if most Hawaiians oppose a blood quantum they might be forced to accept it because under the Akaka Bill, the U.S. Department of interior must accept the Hawaiian entity's rules and it might demand a blood quantum similar to most Native American tribes.