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March 05, 2009 WEDNESDAY, FEBRUARY 25
This morning the Supreme Court heard oral arguments in the ceded Hawaiian lands case. Thanks to the efforts of fleet-fingered court reporters, the transcript was online within hours (if not minutes) of the hearing's conclusion. (Mahalo to attorney and Maui Time neighbor Ben Lowenthal for the heads-up.) A few highlights: From Gen. Mark J. Bennett, arguing on behalf of the state, discussing the 1993 apology resolution: "It was, as its sponsor said at the time, a simple apology, nothing more." Um, clearly nothing simple about it, Mark. More on the apology resolution from Justice Ruth Bader Ginsburg: "It's a nice apology, but it's without substantive effect." Doesn't it sound like we're discussing a kid who said sorry for pushing another kid on the playground and not, you know, one nation illegally stealing another nation and then admitting it? Later, Justice Ginsburg chides the Hawaii Supreme Court for using the apology resolution as "a crutch," and calls the state court's reasoning "a very weak reed." Onto those harsh words, notoriously cranky Justice Antonin Scalia, addressing the idea of an opinion that simply says the Hawaii Supreme Court shouldn't rely on the apology resolution, adds this: "OK, we send it back to the Hawaii Supreme Court and the Hawaii Supreme Court smiles and doesn't do a blessed thing." Themfightin' words. I smell a state vs. federal Supreme Court Smackdown. Could make for some riveting pay-per-view; I hear Clarence Thomas can bust out a mean rear naked choke.
THURSDAY, FEBRUARY 26
More from the Supreme Court proceedings (and probably my favorite part): Near the end of oral arguments, Gen. Bennett was forced to admit that Gov. Lingle's public promise to not sell off large chunks of ceded land even if she's granted the right to do so is, to put it bluntly, a lie. Or at least a dubious half-truth. Here's what happened: First, attorney Kannon K. Shanmugam, arguing on behalf of the Office of Hawaiian Affairs, raised the possibility that, in light of Lingle's statements about having no plans to sell the land, the whole case could be moot. This forced Bennett to point out that Lingle had only promised not to sell the land, but said nothing about transfer or exchange, which are also forbidden by the Hawaii Supreme Court's injunction. Not sure if it was Shanmugam's intention to expose this bit of linguistic trickery, but if so his lawyerly skills are to be applauded.
FRIDAY, FEBRUARY 27
An all-too-rare victory for freedom of the press: Reversing one of the Bush Administration's more symbolically reprehensible policies (and it's a long list), the Defense Department announced today it will begin allowing the press to photograph the flag-draped coffins of fallen soldiers returning from Iraq and Afghanistan. The soldiers' families can still say no, and that's fair—unlike the stuffed suits in the Pentagon, they actually have a right to ask for privacy.
SATURDAY, FEBRUARY 28
Continuing a run of success that already includes a World Series ring and a new $3.125 million contract, Maui's own Shane Victorino has been selected to represent the United States in the upcoming World Baseball Classic tournament. Here's the question: If, as some argued, Barack Obama was ineligible to run for president because Hawaii isn't legally part of the United States, does that mean Shane has to bow out of the WBC?
SUNDAY, MARCH 1
With a Hawaii-born president and Democrat-controlled legislature, it looks like the controversial Akaka Bill—named for Sen. Dan Akaka, who introduced it—may get a shot in the arm. As with everything related to Native Hawaiian rights, it's complicated. The bill, which has languished for nine years, proposes to "provide a process for the reorganization of a Native Hawaiian government and the recognition by the United States of the Native Hawaiian government." Supporters say it's a step forward for Native Hawaiians, a pathway to political legitimacy. Opponents within the sovereignty movement say it doesn't go far enough, and is a watered-down slap in the face. If the bill does in fact move forward, it'll be interesting to see how Obama handles it. He's played up his Hawaii roots and has been widely embraced by locals, but this is one of those "can't please all the people all the time" moments.
MONDAY, MARCH 2
We get into the same-sex civil union brouhaha in this week's feature, but I got an interesting tip from Maui attorney Lance Collins about a widely misreported legal distinction that's worth mentioning here. The civil union bill, HB444, is currently stalled in the Senate Judiciary Committee, whose members are deadlocked 3-3. The dailies have been reporting that the Senate can pull the bill out of committee, but must wait until at least March 10. Collins points out this is inaccurate—if a majority of the senate supports bringing the bill to the floor for a vote, they can do so at any time. Collins says he's gotten confirmation that this is "technically correct," but that the Senate is waiting until March 10 because the bill is controversial and some legislators oppose it vehemently. "They recall [non-contentious] bills all the time," Collins wrote in an e-mail. "However, they almost never do this for contentious bills—and the majority has forgone its power here—for the sake of fraternity and stability. Microfascism all the way around."… In other news: If you'll forgive the diversion, I'd like to pause for a moment to say happy birthday to the late Theodore Geisel, better known as Dr. Seuss. As a child, I enjoyed his work. As a parent wading through the often insipid world of kiddie literature, I appreciate him even more. (Seriously, contemporary children's book writers: the fact that most members of your target audience haven't yet mastered the finer points of the toilet doesn't absolve you from all creative responsibilities). You're missed, Ted. (Note: To honor Mr. Geisel, I was going to attempt to write this entry in rhyming verse, but thought better of it. You're welcome.)
TUESDAY, MARCH 3
Hey, let's end on a positive note and discuss…prison statistics! A new report from the Pew Center on the States paints a predictably un-rosy picture of our state and national corrections systems. (Incidentally, don't we need to start putting "corrections" in quotes? Really—who or what is being "corrected"?) According to the report, one in 32 adults in Hawaii is "under correctional control," meaning they're either incarcerated or on probation or parole. That's actually slightly lower than the nationwide figure of one in 31, and significantly lower than Texas, where one in 22 adults is in the process of being "corrected." The Hawaii numbers aren't broken down by race, but it's a documented fact that Native Hawaiians are disproportionately thrown behind bars. (Frequent Maui Time contributor Greg Mebel explored that issue in these pages in 2007, in a feature titled "Hawaiian Justice." It's a good/sad story that's worth a search of the archives at mauitime.com.) Speaking of racially skewed statistics, here's the most disturbing part of the Pew Center's findings, and an excellent way to refute the claims of anyone who believes the election of Barack Obama ended racism in America: one in 9 black males age 18-34 is in prison in the United States. Pause for a moment to let that sink in. MTW
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