Akina

Akina v. Hawaii

Good Law
835 F.3d 1003·2016 WL 4501686
United States Court of Appeals for the Ninth CircuitAugust 29, 2016No. 15-17453, No. 15-17134California2,805 words

Opinion

Lead Opinion

These appeals concern recent efforts by a group of Native Hawaiians to establish their own government. The plaintiffs are Hawaii residents who challenge that process. They appeal the district court’s order denying their request for a preliminary injunction to stop activities related to the drafting and ratification of self-governance documents. Separately, another group of Hawaii residents appeals the district court’s denial of their motion to intervene in the plaintiffs’ lawsuit. For the reasons that follow, we dismiss the plaintiffs’ appeal of the preliminary injunction order as moot, and we affirm the district court’s denial of the motion to intervene.

I.

In 2011, the Hawaii Legislature approved measures “to provide for and to *1008 implement the recognition of the Native Hawaiian people by means and methods that will facilitate their self-governance.” Haw. Rev. Stat. § 10H-2. The legislation contemplated that Native Hawaiians may “independently” host a convention “for the purpose of organizing themselves.” Id. § 10H-5. The legislation also established a commission to maintain “a roll of qualified Native Hawaiians” who are descendants of the indigenous peoples who…

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