Aloha kakou!
I've had many requests for information on the status of Doe vs. Kamehameha
Schools. This is an important week, so keep your eyes on the news. This
e-mail is both a a Call to Pule on October 16 (see below), and a quick
update on what might happen THIS WEEK out of the Ninth Circuit. As always,
please feel free to circulate this to others concerned with the welfare of
kanaka maoli.
Doe vs. Kamehameha Schools
The week after our historic march to the Ninth Circuit in San Francisco,
Kamehameha Schools filed a Petition for Rehearing. The original appeal by
John Doe was heard by a smaller panel of 3 judges (a common practice of the
Court, given its huge docket). KS's Petition asks for a Rehearing by a
larger (11-member) panel of Ninth Circuit judges. In order to obtain such a
rehearing, KS needed to argue that this case presents unique issues of law
and is of exceptional importance.
Later that week, the Ninth Circuit asked John Doe's attorney to file a
Response to our Petition - this was taken as a "good sign" that a Rehearing
was being considered. Eric Grant filed his Response on September 15.
Fourteen (14) calendar days from September 15, we will know whether or not
the Ninth Circuit will vote for a rehearing. If just ONE justice calls for
a vote of the full 29-member panel, then a vote will be taken. A simple
majority of the 29 judges is needed to gain a rehearing. There is no
deadline for the vote (there is only a 14-day deadline to call for the
vote). If NO justice calls for a vote by September 29, then KS's Petition
for Rehearing is deemed to be denied.
In other words, by this Thursday we will know one of two outcomes:
(1) If Sept. 29 comes and goes, with no call for a vote, then KS's
Petition is denied. KS can then appeal to the U.S. Supreme Court.
(2) If, by the end of the working day on Sept. 29, ONE of the 29 judges
calls for a vote, then we will know that a rehearing is at least being voted
on. We may know the outcome of the vote, but not necessarily.
FYI, over 8,000 appeals are made to the Supreme Court annually. Fewer than
100 are granted.
I will write to you all this Friday, September 30.....either way.
Sunday, October 16 - A Call to Pule
Like many of you I'm sure, I've been feeling the need to be with our
extended 'ohana, no matter which way things go on Sept. 29. Either way,
we'll still be in "legal limbo," awaiting a Rehearing with the Ninth Circuit
(or a vote on the Rehearing), or awaiting KS's appeal to the U.S. Supreme
Court.
October 16 is the anniversary of Princess Pauahi's passing from cancer in
1884. I am organizing an evening candlelight prayer vigil here in southern
California for October 16. Time and place TBA. May I encourage all of you,
wherever you are geographically, to begin speaking with others about
gathering on the same day to pray? Whether in your own houses of worship
that morning, in the quiet of your house that afternoon, or at a candlelight
vigil with others that evening. Prayer meetings can be at the beach or other
outdoor location, in a church, or in a home. If you live in Washington D.C.
or San Francisco, consider praying literally at the steps of the Ninth
Circuit of the Supreme Court for justice. If you belong to a local church,
ask them to use the sanctuary that afternoon or evening. Some ideas for
what to actually do at the vigil: Ask people to bring their own candles
which can be safely held ( e.g., in a jar), pule aloud, pule silently, read
Scriptures, have someone lead oli, sing the Doxology, and Hawai'i Pono'i.
So....this e-mail is a formal Call to Pule on October 16 for kanaka maoli
and supporters across the U.S., and around the world (I'm particularly
hoping our 'ohana serving in Iraq and Afghanistan will join us, too). May
I encourage us to pray:
* that the American legal system will not issue yet another death blow to
Princess Pauahi's legacy, but rather that the next ruling (issued either by
the Ninth Circuit or the Supreme Court) will be the one that is pono for our
people;
* that kanaka maoli and supporters around the world will unite in the
face of these legal attacks that threaten our survival;
* for increased recognition by Americans of their role in the demise of
our people, and their responsibility to help (and not hurt) kanaka maoli in
our efforts to rebuild our nation;
* for Ke Akua's help to forgive John Doe, his family, his attorneys, the
likes of Thurston Twigg-Smith and others who have set themselves against
kanaka maoli;
* for Ke Akua's aloha to reign in our hearts;
* and for justice to prevail, not just in heaven, but here on earth.
If any of you need kokua or mana'o on how to organize a prayer gathering on
October 16, please write to me at alohajai@socal.rr.com I will be the
point person for dissemination of details on all of these gatherings, so
please let me know if you are organizing something in your geographical
area. I'd like to see at least one prayer gathering on every major island
and and area of the continent where kanaka maoli and supporters reside. I
intend to notify the media of our Day of Pule in early October (once we know
which direction Doe vs. KS is going). May I particularly call upon KS
Alumni Association chapters to take the lead in your respective regions?
Although this is not going to be the same as our attention-getting march to
the Ninth Circuit, I believe the media and the general public will still be
impressed and impacted by the cooperative, somber nature of our gathering -
on the anniversary of Princess Pauahi's death - to pray the American legal
system will honor and protect her amazing gift of life.
Me ke aloha pumehana o 'Iesu,
Noelani (Loo) Jai, KS '83
alohajai@socal.rr.com
p.s. I neglected to mention above that many groups filed briefs with the
Ninth Circuit in support of KS's Petition. Go to www.ksbe.edu , click on
the link to Doe vs. KS, and read the article entitled, "More Groups Continue
to Support Kamehameha Schools." At the bottom of the article are the actual
briefs, including those filed by Ilio'ulaokalani, National Association of
Independent Schools, Equal Justice Society, Hawai'i Civil Rights Comission,
and so many others. Maika'i loa!!!
I've had many requests for information on the status of Doe vs. Kamehameha
Schools. This is an important week, so keep your eyes on the news. This
e-mail is both a a Call to Pule on October 16 (see below), and a quick
update on what might happen THIS WEEK out of the Ninth Circuit. As always,
please feel free to circulate this to others concerned with the welfare of
kanaka maoli.
Doe vs. Kamehameha Schools
The week after our historic march to the Ninth Circuit in San Francisco,
Kamehameha Schools filed a Petition for Rehearing. The original appeal by
John Doe was heard by a smaller panel of 3 judges (a common practice of the
Court, given its huge docket). KS's Petition asks for a Rehearing by a
larger (11-member) panel of Ninth Circuit judges. In order to obtain such a
rehearing, KS needed to argue that this case presents unique issues of law
and is of exceptional importance.
Later that week, the Ninth Circuit asked John Doe's attorney to file a
Response to our Petition - this was taken as a "good sign" that a Rehearing
was being considered. Eric Grant filed his Response on September 15.
Fourteen (14) calendar days from September 15, we will know whether or not
the Ninth Circuit will vote for a rehearing. If just ONE justice calls for
a vote of the full 29-member panel, then a vote will be taken. A simple
majority of the 29 judges is needed to gain a rehearing. There is no
deadline for the vote (there is only a 14-day deadline to call for the
vote). If NO justice calls for a vote by September 29, then KS's Petition
for Rehearing is deemed to be denied.
In other words, by this Thursday we will know one of two outcomes:
(1) If Sept. 29 comes and goes, with no call for a vote, then KS's
Petition is denied. KS can then appeal to the U.S. Supreme Court.
(2) If, by the end of the working day on Sept. 29, ONE of the 29 judges
calls for a vote, then we will know that a rehearing is at least being voted
on. We may know the outcome of the vote, but not necessarily.
FYI, over 8,000 appeals are made to the Supreme Court annually. Fewer than
100 are granted.
I will write to you all this Friday, September 30.....either way.
Sunday, October 16 - A Call to Pule
Like many of you I'm sure, I've been feeling the need to be with our
extended 'ohana, no matter which way things go on Sept. 29. Either way,
we'll still be in "legal limbo," awaiting a Rehearing with the Ninth Circuit
(or a vote on the Rehearing), or awaiting KS's appeal to the U.S. Supreme
Court.
October 16 is the anniversary of Princess Pauahi's passing from cancer in
1884. I am organizing an evening candlelight prayer vigil here in southern
California for October 16. Time and place TBA. May I encourage all of you,
wherever you are geographically, to begin speaking with others about
gathering on the same day to pray? Whether in your own houses of worship
that morning, in the quiet of your house that afternoon, or at a candlelight
vigil with others that evening. Prayer meetings can be at the beach or other
outdoor location, in a church, or in a home. If you live in Washington D.C.
or San Francisco, consider praying literally at the steps of the Ninth
Circuit of the Supreme Court for justice. If you belong to a local church,
ask them to use the sanctuary that afternoon or evening. Some ideas for
what to actually do at the vigil: Ask people to bring their own candles
which can be safely held ( e.g., in a jar), pule aloud, pule silently, read
Scriptures, have someone lead oli, sing the Doxology, and Hawai'i Pono'i.
So....this e-mail is a formal Call to Pule on October 16 for kanaka maoli
and supporters across the U.S., and around the world (I'm particularly
hoping our 'ohana serving in Iraq and Afghanistan will join us, too). May
I encourage us to pray:
* that the American legal system will not issue yet another death blow to
Princess Pauahi's legacy, but rather that the next ruling (issued either by
the Ninth Circuit or the Supreme Court) will be the one that is pono for our
people;
* that kanaka maoli and supporters around the world will unite in the
face of these legal attacks that threaten our survival;
* for increased recognition by Americans of their role in the demise of
our people, and their responsibility to help (and not hurt) kanaka maoli in
our efforts to rebuild our nation;
* for Ke Akua's help to forgive John Doe, his family, his attorneys, the
likes of Thurston Twigg-Smith and others who have set themselves against
kanaka maoli;
* for Ke Akua's aloha to reign in our hearts;
* and for justice to prevail, not just in heaven, but here on earth.
If any of you need kokua or mana'o on how to organize a prayer gathering on
October 16, please write to me at alohajai@socal.rr.com I will be the
point person for dissemination of details on all of these gatherings, so
please let me know if you are organizing something in your geographical
area. I'd like to see at least one prayer gathering on every major island
and and area of the continent where kanaka maoli and supporters reside. I
intend to notify the media of our Day of Pule in early October (once we know
which direction Doe vs. KS is going). May I particularly call upon KS
Alumni Association chapters to take the lead in your respective regions?
Although this is not going to be the same as our attention-getting march to
the Ninth Circuit, I believe the media and the general public will still be
impressed and impacted by the cooperative, somber nature of our gathering -
on the anniversary of Princess Pauahi's death - to pray the American legal
system will honor and protect her amazing gift of life.
Me ke aloha pumehana o 'Iesu,
Noelani (Loo) Jai, KS '83
alohajai@socal.rr.com
p.s. I neglected to mention above that many groups filed briefs with the
Ninth Circuit in support of KS's Petition. Go to www.ksbe.edu , click on
the link to Doe vs. KS, and read the article entitled, "More Groups Continue
to Support Kamehameha Schools." At the bottom of the article are the actual
briefs, including those filed by Ilio'ulaokalani, National Association of
Independent Schools, Equal Justice Society, Hawai'i Civil Rights Comission,
and so many others. Maika'i loa!!!
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