Friday, May 20, 2022
Hawai'i Free Press

Current Articles | Archives

Wednesday, January 4, 2012
Reapportionment: Hawaii Supreme Court Rejects One Man-One Vote, Disenfranchises Blacks, Military Personnel
By Andrew Walden @ 8:43 PM :: 6670 Views :: Energy, Environment

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.

---30---

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

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Life Alliance

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT