by Andrew Walden
The Supreme Court in a unanimous 5-0 decision today ruled that too many of the human beings living in Hawaii were included for purposes of Legislative reapportionment. Reaffirming Hawaii’s place alongside Kansas as the only states which refuse to count every single human being, Hawaii’s Supreme Court Justices cited Art IV, Sec 4 of the State Constitution and ordered the State Reapportionment Commission to deliver a new apportionment system which deviates even further from the US Census enumeration. To be excluded: Military personnel, students, African Americans and other so-called non-residents who were included in the Census.
African Americans are concentrated in the military-heavy districts around Ewa, Mililani, and Aiea which are most likely to lose representation as a result of the Court’s decision. Once again the only venue for justice will be a direct appeal to the Federal Courts challenging portions of the Hawaii State Constitution in order to knock Hawaii's self-serving political elite into compliance with the superior US Constitution and uphold the principle of one person, one vote.
At the expense of representation for military personnel, African Americans and students, the Supreme Court ruling benefits appointed Senator Malama Solomon who will likely see a fourth Senate district created on the Big Island. Solomon’s last venture into the courts – in 2007 - saw her calling for leniency in the sentencing of the Big Island’s largest methamphetamines importer, Shawn Aguiar.
Solomon’s Senate seat now hinges on the hope that nobody in Hawaii will have the wherewithal to stand up for justice and file this case in a real court.
Judge Marks: State Supreme Court Ruling Exposes Hawaii To Federal Lawsuit
FULL TEXT: Order Granting Petition 1.4
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of the petition for a writ of mandamus and judicial review filed by petitioners Malama Solomon, Louis Hao, Patricia A. Cook and Steven G. Pavao, the answers by respondent Governor Neil Abercrombie, the Chief Election Officer, and the 2011 State of Hawaii Reapportionment Commission, and oral argument, we conclude that the 2011 Final Reapportionment Plan is constitutionally invalid. The Hawaii Constitution, article IV, section 4, expressly mandates that only permanent residents be counted in the population base for the purpose of reapportionment. The 2011 Final Reapportionment Plan disregards this constitutional mandate by including non-permanent residents in the population base that the Reapportionment Commission used to allocate the members of the state legislature among the basic island units. Therefore, pursuant to our power under the Hawaii Constitution, article IV, section 10, to correct any error in a reapportionment plan,
IT IS HEREBY ORDERED that the petition for a writ of mandamus and judicial review is granted. The 2011 Final Reapportionment Plan for the state legislature is hereby invalidated. The 2011 State of Hawaii Reapportionment Commission shall prepare and file a new reapportionment plan that: (1) allocates the members of the state legislature among the basic island units by using a permanent resident population base, and then (2) apportions the members among the districts therein as provided by article IV, section 6. The Chief Election Officer shall rescind the publication of the 2011 Final Reapportionment Plan for the state legislature. An opinion will follow.
SA: Court says reapportionment plan unconstitutional
CB: Hawaii Supreme Court Rejects Redistricting Plan
Background: Military to be Disenfranchised so Meth dealer’s friend can keep Senate Seat?
Background: Six Incumbents could fight each other under newly released Hawaii Reapportionment Maps
Redistricting Website: http://hawaii.gov/elections/reapportionment/
CB: Honolulu Reapportionment Plan Safe … For Now
InverseCondemnation: Live Blog: Hawaii Supreme Court Oral Arguments In Reapportionment Case