Tamashiro v. Department of Human Services

Dissenting Opinion by

POLLACK, J.,

with whom ACOBA, J., joins.

Today, the majority holds that a federal law has the effect of divesting Hawaii courts of jurisdiction over a state claim brought under a Hawaii statute. In my view, and with all due respect, the majority’s holding: (1) violates the Eleventh Amendment to the United States Constitution; (2) is contrary to explicit language in the Randolph-Sheppard Act (federal RSA) and its legislative history; (3) misapprehends the “federal adjudication path” set forth in the federal RSA; (4) misinterprets the phrase “adopt rules in accordance with…