RICE v. CAYETANO

No. 98-818.

528 U.S. 495 (2000)

RICE v. CAYETANO, GOVERNOR OF HAWAII

United States Supreme Court.

Decided February 23, 2000.


Attorney(s) appearing for the Case

Theodore B. Olson argued the cause for petitioner. With him on the briefs were Douglas R. Cox and Thomas G. Hungar.

John G. Roberts, Jr., argued the cause for respondent. With him on the brief were Earl I. Anzai, Attorney General of Hawaii, Girard D. Lau, Dorothy Sellers, and Charleen M. Aina, Deputy Attorneys General, and Gregory G. Garre.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Underwood, Irving L. Gornstein, and Elizabeth Ann Peterson.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. Breyer, J., filed an opinion concurring in the result, in which Souter, J., joined, p. 524. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined as to Part II, p. 527. Ginsburg, J., filed a dissenting opinion, p. 547.


Justice Kennedy, delivered the opinion of the Court.

A citizen of Hawaii comes before us claiming that an explicit, race-based voting qualification has barred him from voting in a statewide election. The Fifteenth Amendment to the Constitution of the United States, binding on the National Government, the States, and their political subdivisions, controls the case.

The Hawaiian Constitution limits the right to vote for nine trustees chosen in a statewide election...

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