The plaintiffs in Akina v. Hawaii on Tuesday filed a motion for civil contempt at the U.S. Supreme Court, naming , the , the听听and听other defendants.
The goal of the is听to effectively halt Nai Aupuni’s plans for a convention in February that could determine a path to self governance for Native Hawaiians, pending the review of a federal appeals court.
Nai Aupuni’s plans were announced earlier this month after the group supported by funding through OHA ended the vote counting of a slate of delegates for the convention, known as an aha.
Grassroot Institute, which calls itself “an independent, free-market think tank,”听argues in its motion that canceling听the election is in violation of the “letter and spirit” of the high court’s听temporary injunction on听Dec. 2听that ordered a stoppage of the counting of ballots even as the voting was ongoing.
鈥淚t’s outrageous that Nai Aupuni and state agencies such as OHA and the Native Hawaiian Roll Commission have ignored and defied the Supreme Court of the United States,鈥 said听Grassroot head Kelii Akina, the plaintiff for whom the lawsuit is named. 鈥淎ll citizens of Hawaii, including native Hawaiians, should be appalled at the contempt our own state government is showing to the U.S. Constitution.”
Grassroot Institute is aided in its legal challenge by the conservative听
Akina added, “The majority of Native Hawaiians, in particular, have made it clear that they do not support and are not represented by those trying to push through a state-sponsored, racially discriminatory government-creation process.”
Nai Aupuni, which calls itself an independent nonprofit,听issued a statement Tuesday afternoon:
鈥淭he Supreme Court鈥檚 December 2 order enjoined Nai Aupuni from counting the ballots cast in, and certifying the winners of, the election until the Ninth Circuit could rule on Hawaii Federal Judge Seabright鈥檚 denial of the Akina plaintiffs鈥 motion to enjoin the start of the election. Thereafter, on December 15, Nai Aupuni terminated the election, and offered all candidates 鈥 none of whom were elected by voters 鈥 an opportunity to gather to discuss, among other matters, a path to self-governance.
“Nothing in the Supreme Court order prohibits Nai Aupuni from making this offer and organizing the gathering. Civil contempt is only appropriate where the court order clearly and unambiguously prohibits the proposed action. Akina plaintiffs鈥 motion is without merit and we will oppose the motion to ensure that the February gathering will go forward.鈥
Nai Aupuni has argued that it held a private election with the support of funds that came from a foundation that received money from OHA, a quasi-state agency. A U.S. District Court judge, Seabright, ruled in its favor, but the case is on appeal to the U.S. 9th Circuit.
Meanwhile, Nai Aupuni听announced Monday听that about听100 people听have committed to participate in the February convention. The deadline to register is midnight Tuesday, and delegates听will be announced Wednesday听鈥 unless there is further court action.
Regarding the convention, Nai Aupuni said via听press release, “The first week of the conference will be dedicated to providing information to the participants regarding constitution building; federal Indian law; international law regarding de-occupation, decolonization, the rights of indigenous people; U.S. Constitution issues that relate to self-governance; the ceded lands; and Kingdom Law.”
And this: “Peter Adler and Linda Colburn of will serve as facilitators to lead the first week鈥檚 informational component and assist in organizing the group. Thereafter, the course and results of the 鈥楢ha will be with the participants and without interference by Na鈥榠 Aupuni or any government entity.”
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About the Author
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .