CARROLL v. NAKATANI

Nos. 02-15483, 02-15565.

342 F.3d 934 (2003)

John CARROLL, Plaintiff-Appellant, v. James NAKATANI, in his capacity as Chairperson/Director of the State of Hawaii Department of Agriculture; Paul Lamahieu, in his capacity as Chairperson/Director of the State of Hawaii Department of Education; Timothy E. Johns, in his capacity as Chairperson/Director of the State of Hawaii Department of Land and Natural Resources; Seiji Naya, in his capacity as Chairperson/Director of the State of Hawaii Department of Business Economic Development & Tourism; Kazu Hayashida, in his capacity as Chairperson/Director of the State of Hawaii Department of Transportation; Raymond Sato, in his capacity as Chairperson/Director of the State of Hawaii Department of Accounting and General Services; State of Hawaii; Benjamin J. Cayetano, in his official capacity as the Governor of the State of Hawaii; Office of Hawaiian Affairs; Charles Ota; Collette Machado; Nalani Olds; Nani Brandt; Clayton Hee; Gladys Brandt; Dante Carpenter; Ilei Beniamina; and Hannah Springer, in their capacities as Trustees of the Board of Trustees of the Office of Hawaiian Affairs, Defendants-Appellees. Patrick Barrett, Plaintiff-Appellant, v. State of Hawaii; Benjamin J. Cayetano, in his official capacity as Governor, State of Hawaii, Defendants-Appellees, Ilio`Ulaokanani Coalition, Inc.; Victoria Holt-Takamine; Piilani Smith; Wayne Kaho`Onei Panoke; Momi Kamahele; State Council of Hawaiian Homestead Association; Anthony Sang, Sr.; Office of Hawaiian Affairs; Trustees of the Office of Hawaiian Affairs, Rowena Akana, Huanani Apoliona, Don Cataluna, Linda Dela Cruz, Clayton H.W. Hee, Colette Y. Machado, Charles Ota, Oswald K. Stender, in their official capacity as Trustees of the Office of Hawaiian Affairs, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2003.


Attorney(s) appearing for the Case

William S. Helfand, Magenheim, Bateman & Helfand, P.L.L.C., Houston, Texas, for appellant Barrett.

Paul D. Hicks, Law Offices of Richard Lee, Honolulu, Hawaii, for appellant Carroll.

Girard D. Lau, Deputy Attorney General, Honolulu, Hawaii, for the appellees.

Sherry P. Broder, Honolulu, Hawaii; Robert G. Klein and Philip W. Miyoshi, McCorriston, Miller, Mukai, MacKinnon, L.L.P., Honolulu, Hawaii, for the intervenors.

Before: PROCTER HUG, JR., ARTHUR L. ALARCÓN, and SUSAN P. GRABER, Circuit Judges.


Argued and Submitted January 14, 2003 — San Francisco, California.

OPINION

HUG, Circuit Judge.

This case stems from the Supreme Court's recent decision, Rice v. Cayetano, holding that the ancestry classification "Hawaiian," as provided in Article XII of the Hawaiian State Constitution, is race-based. 528 U.S. 495, 514-15, 120 S.Ct. 1044, 145 L.Ed.2d 1007 (2000). In Rice, the Supreme Court issued...

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