Friday, November 15, 2019
Hawai'i Free Press

Current Articles | Archives

Tuesday, July 16, 2013
Federal court says military can go unrepresented in HI reapportionment
By Malia Zimmerman @ 5:47 PM :: 3003 Views :: Military, Office of Elections

Federal court says military can go unrepresented in HI reapportionment

 US DISTRICT COURT: Hawaii’s reapportionment plan does not violate the U.S. Constitution.

by Malia Zimmerman, Watchdog.org, July 15, 2013

HONOLULU — Not all Hawaii residents are created equal.

That’s what a three-judge federal panel said when it ruled last week that  non-permanent resident military, their “attached” spouses and non-resident students were rightly excluded from the state’s 2012 reapportionment plan.

The three-judge panel — U.S. district judges Michael Seabright and Leslie Kobayashi from Hawaii and U.S. Circuit Judge Margaret McKeown from San Diego — ruled the state’s redistricting plan did not violate the Equal Protection clause under the U.S. Constitution.

Six Oahu plaintiffs challenged the state’s plan in federal court in April 2012, saying the state’s removal of 108,000 non-permanent military and their families is “unconstitutional” and “discriminatory” because their children go to school here, pay taxes here and are part of the community.

The plaintiffs, Joseph Kostick, who was medically discharged from the Army as a 1st lieutenant; retired Army Col. David P. Brostrom; retired U.S. Navy Master Chief Petty Officer Larry S. Veray; Hawaii Free Press publisher Andrew Walden, Aiea resident Edwin J. Gayagas and state Rep. K. Mark Takai, D-Aiea-Pearl City, a lieutenant colonel in the Hawaii National Guard, were represented by Hawaii attorney Robert Thomas.

 THOMAS: Will appeal the reapportionment case to the U.S. Supreme Court

Thomas said his clients will appeal the ruling to the U.S. Supreme Court.

“We always believed that the issues in this case merited resolution by the U.S. Supreme Court. We were hoping that a favorable decision from the Hawaii District Court would save us from taking it further, but alas no,” Thomas said.

“While we have not finished reviewing the Hawaii District Court’s rationale in detail, everything we’ve read so far leads us to believe that the Supreme Court will be interested in reviewing this decision, and in resolving the issues in our favor.” he said.

Reapportionment debate splits community

In September 2011, the Legislature’s nine-member Reapportionment Commission included nearly all of Hawaii’s non-permanent resident military and their spouses and students in the plan, which was supported by eight of the nine commissioners.

Hawaii Island residents filed two court challenges in October 2012. Big Island Democrat Sen. Malama Solomon filed one lawsuit, while Big Island Democrat Michael J. Matsukawa filed a second.

Both plaintiffs alleged the commissioners did not properly calculate the permanent resident population of the state because they did not extract the correct number of “non-permanent residents” — including students and military and their spouses — when redrawing legislative district lines.

On Jan. 4, 2012, the Hawaii Supreme Court unanimously agreed the plan should be invalidated, and ordered the commission to present a new reapportionment plan. Commissioners presented a final draft on April 4, 2012, and the federal challenge was filed on April 20, 2012.

 PALCIC: Events around the debate have been underhanded.

Michael Palcic, chairman of the Oahu Apportionment Advisory Council, said the events surrounding the reapportionment debate have been underhanded.

“Early on in its proceedings, the Hawaii State Reapportionment Commission, upon recommendation of the Oahu Apportionment Advisory Council, voted 8 to 1 to include the entire United States Census count in the apportionment of Hawaii’s legislative districts. Then in secret meetings, a subcommittee of the commission extracted over 8 percent of Hawaii’s population. They arbitrarily removed two large groups while ignoring others that were harder to identify,” Palcic said. “This malfeasance deserves scrutiny by the United States Supreme Court where, I believe, a proper reading of the 14th Amendment guaranteeing individual citizens equal protection of the laws will overturn the injustice done here.”

However, Attorney General David Louie, whose department represented the commission in both the state and federal cases, said the federal court acknowledged the military is a significant and welcome presence in Hawaii’s population, while also recognizing it is the state’s right to exclude non resident military and include only permanent residents in the population count.

“The attorney general says the military are not ‘permanent residents,’ without saying what constitutes permanent residency. His advocacy deprives them of any representation,” Palcic said.

Hawaii stands alone

Hawaii is the only state other than Kansas to remove military and dependents from its redistricting plans, but unlike Hawaii’s 108,000-plus that are taken out, Kansas eliminated only about 900 people.

“The equal protection clause of the U.S. Constitution protects everyone. So it protects you whether you are a citizen, whether you are a taxpayer, whether you are an alien, whether you are a child. It does not matter whether you vote, it protects people,” Thomas said.  “What we are saying is the state deviates from that, which no other state does.”

Since the plan is redrawn every decade based on the U.S. Census population data, the final decision has a lasting impact on every election to follow.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

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 Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

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

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

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

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT