Doe v. Kamehameha Schools/Bernice Pauahi Bishop Estate

New tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation’s court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety. The plaintiffs, four minor children (“the Doe children”), seek to proceed anonymously in their suit against Kamehameha Schools’ allegedly race-based admissions policy. The plaintiffs’ parents fear for the children’s safety if their identities are revealed. After carefully considering the issue, the magistrate judge and district judge decided that the prejudice to the defendants and the public’s interest in open courts outweigh plaintiffs’ fears of harm. Rather than disclose their names, the Doe children suffered dismissal with prejudice with leave to appeal, giving us jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

The Hawaiian monarchy was overthrown in 1893, and Hawaii was annexed as a territory of the United States in 1897. Doe v. Kamehameha Sch./Bernice Pauahi Bishop Estate (Doe I), 470 F.3d 827, 831 (9th Cir.2006) (en banc). By that time, U.S. and foreign settlement had brought economic distress,…