This is from July of 2004 and may be a source for some optimism for “fighting the fight”:
“…the 9th Circuit remained the most reversed court in the nation at the end of the High Court’s just completed term (2004).
Of the 79 cases the Supreme Court decided this past term through published opinions, 68 arose from the federal appellate courts, two from the federal district courts, and nine from state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 54 of the 68 judgments arising from the federal appellate courts (or 79%), zero of the two judgments coming from the federal district courts (or 0%), and six of the nine judgments issued originally by state courts (or 67%).
Notably, 9th Circuit rulings constituted about 32 percent of both the cases (25 of 79) and the reversals (19 of 59) the Supreme Court decided by written slip opinions this term.
In addition, the 9th Circuit was responsible for nearly half (43%, or 10 of 23) of the High Court’s unanimous reversals that were issued through published opinions. Thus, on the whole, 9th Circuit rulings accounted for three times more reversals this past term than all the state courts across the country combined and represented more than a third of the overturned judgments (36%) of the federal appellate courts.
Given the disproportionate share of the Supreme Court docket taken up by cases arising from the 9th Circuit, it is not surprising that a case decided by the 9th Circuit was nearly twice as likely to be reviewed and produce a written decision by the U.S. Supreme Court when compared to the national federal appellate court average. By contrast, a case from the second busiest circuit, the 5th, was nearly half as likely to be reviewed and decided by the High Court as the average federal appellate case.
in pursuing political and policy preferences at the expense of established precedent and textual commands, some 9th Circuit judges seem to invite review and reversal by the U.S. Supreme Court. Until that changes, the 9th Circuit will continue to retain the dubious distinction of being the most reversed court in the nation.”
A tear from my eyes reflects the pain in my heart.
But a court/political ruling for or against any institutional entity,
does not have the power to damage the dream that first informed
the desire of a culture to exist in the first place.
All things are survivable by the spirit of a people whose ideas are one with the Universe. Knowledge cannot be denied. It does not require a specific physical place.
Perhaps this is a blessing in disguise, a message, that any institution that mimics the nature of the ignorant intruder who does not seek to understand, is in part vulnerable and flawed by its very attempt to be accepted by modeling itself after the institutions of those who would deny it. It is difficult to straddle the line, to acculturate, without losing something vital.
I live in the hope that, some day, a true meeting of all souls will be attained through some as yet undefined mutually common ideal. Until then, your place in this online community helps the rest of us learn toward that ideal.
A quote from the Ninth Circuit’s opinion (footnote 2):
Similarly, in a February 11, 1897 letter, Charles Bishop noted: “There is nothing in the will of Mrs. Bishop excluding white boys or girls from the Schools…” In a February 20, 1901 letter he further stated: “According to the reading of Clause 13 on Page 8 of the Will as published, the preference to Hawaiians of pure or part aboriginal blood, applies only to education of orphans and others in indigent circumstances.”
Also, there is this:
While this racial preference is expressly listed as a criterion for the administration of estate resources charitably directed to orphans and indigents, the Will is notably devoid of any mention of race as a criterion for admission into the Kamehameha Schools. As the Schools’ 1885 Prospectus observed: “The noble minded Hawaiian chiefess who endowed the Kamehameha Schools, put no limitations of race or condition on her general bequest. Instruction will be given only in English language, but The Schools will be opened to all nationalities.”
So in all fairness, Mrs. Bishop always intended for ALL nationalities to be admitted. She also aimed the Hawaiian admissions for the indigent and orphans. Alot of Hawaiian activists have been trying to rewrite her will. The 9th Circuit court looked at it and made their decision. If anyone has a problem with it, just look to the will. The decision was right and will stand.
Aloha CMP!!! Thanks brother for the pop quiz. I was, and actually still am, caught up in all the emotion of the subject when I wrote my spew last night. For sure, I’m not the only one, as the drums are beating loud all over the Islands today. Hopefully, this might be what it takes to unite the Hawaiian people. That just might be the real answer right there. Without a central figure to pull the people together, all of the diverse groups seem to be drifting, bickering amongst themselves. Sen. Akaka seems to have attempted to take the lead in trying to get everyone organized, for better or worse. It would seem that it would take someone with the energy of Kamehameha 1 to pull it off. As for my choice of wording, I can see how ‘uninformed’ would be a better choice than 'ignorant. That’s what really irritates me, the clueless hordes that come over intent on making Hawaii just like ‘back home’. I haven’t been to O’ahu in a long time, but I know how busy it all is over there. Kaua’i is experiencing a huge boom in population and the ensuing development. I feel that there is a lot more to the experience than just a nice place under the American flag. Personally, I miss the green fields of sugar cane. I’m sure that you know as well as I do, about the surfing history of Hawaii. It’s been well documented that everyone was riding waves whenever the surf came up. The ruling class most definitely had the exclusive use of the top spots. I’m also certain that the craftsmen who made the boards for the chiefs had a special place in the society. I presently enjoy just a little of that old tradition, for whatever difference that makes. I also agree with you about the education situation regarding the Hawaiian kids. Give them a chance to learn and the whole Hawaiian society will benefit. Hopefully, KS/BE will be a little more earnest in achieving that goal. Like I said before, the drums are beating!!! Aloha brother!..RH
It seems as if it’s apples and oranges with the current issue of the Kam school and the plight of the Hawaiian activists.
I really admire the Kamahamaha school cuz they are not world center but Christian based. I have read many articles over the past years reagarding how important Christian prayer and programs are to the students and faculty even though many who attend and teach are not Christian. But that was the wish of the Princess.
Seems like no problem in this area which surprises me.
When I hear the rhetoric of the Hawaiian activist, the Christians views of the Princess are sometimes ignored and they have to go very far back in Hawaiian History to the point of the true Hawaiian heritage that was lost.
I have read the Will of the Princess and the letters of her widowed husband as posted above your last post. Sounds like the wishes and desires of the Princess have been ignored by good intentioned trustees. So what’s at issue is what was the wish of the Princess. Hard to tell with both sides having points and counterpoints. If I imagine the mind of a caring, loving Princess who gave all the glory and honor to her Savior Jesus for all she had including her wealth. And then the responsibility of using that wealth to further glorify God’s kingdom, it would only make sense that she would include ALL children of Hawaii in need. Just like Her Savior died for ALL men.
Yes I agree the drums are beating. But they seem to be pointing to Jesus Christ as more people learn about the Loving and kind Princess of Hawaii who loved the Lord.
Most people really ignore that part of Her cuz it’s just too western world foolishness to them.
I used to have a contract job a KMVH. Majors bay and housings were all time.
The people in the water were super friendly. Sold three boards over there a few years back. That was really country. you are blessed you get to wake up there each day.
It’s refreshing to have comentary presented that has had the benefit of research behind it. It would seem to come down to “Original Intent” of the endowment. The irony is that the 9th circus court does not apply that same standard to constitutional issues. Thank you for participating.