Office of Hawaiian Affairs v. Cayetano

Opinion of the Court by

RAMIL, J.

This is an original proceeding brought by Petitioners Office of Hawaiian Affairs and its trustees (OHA) and Respondent Governor Benjamin Cayetano, in his official capacity as Governor of the State of Hawai'i (Respondent), on an agreed statement of facts pursuant to Hawai'i Revised Statutes (HRS) § 602-51 and Hawai'i Rules of Appellate Procedure (HRAP) Rule 182 to answer the following questions:

1. Did the United States Supreme Court’s recent opinion and judgment in Rice v. Cayetano, 528 U.S. 495, 120 S.Ct. 1044, 145 L.Ed.2d 1007 (2000)] create a “vacancy” that…