by Kenneth R. Conklin, Ph.D.

On Wednesday September 5, 2018 Senator Mazie Hirono (D, HI) was scheduled to have a half hour late in the afternoon (she has low seniority) to question Supreme Court nominee Brett Kavanaugh in the Judiciary committee confirmation hearing. Reporter Nick Grube was given information from Senator Hirono regarding the topics she intended to raise, and Grube’s article leaking that information was published in Honolulu Civil Beat [online newspaper] very early in the morning. Hirono is up for re-election this November, so of course she is grandstanding and this left-leaning online newspaper is happy to help her. The article, entitled “Brett Kavanaugh No Friend Of Special Rights For Native Hawaiians — Trump’s Supreme Court nominee once called the Office of Hawaiian Affairs a “naked racial spoils system.” is at
https://tinyurl.com/yae2osl8

Hirono’s entire 31 minute performance in the Wednesday committee hearing was later posted by her minions on YouTube at
https://tinyurl.com/y7z9u4ta
The portion devoted to Hawaiian racial entitlements, tribalism, and Rice v. Cayetano is in minutes #9:05 to 17:30 (the first 9 minutes were spent trying to embarrass Kavanaugh by asking whether he had ever sexually harassed women, and blaming him for failing to report 9th Circuit Judge Alex Kozinsky for doing so).

Brett Kavanaugh’s Wall Street Journal commentary: “Are Hawaiians Indians? The Justice Department Thinks So.” Wall St. J., Sept. 27, 1999, page A35 as archived by the online daily Indian compilation at “Turtle Talk” is at
https://tinyurl.com/ycugydcn

What’s this about “the justice department thinks so”? Remember that in 1999 Bill Clinton was at the end of his Presidency, and was sending high-level representatives from his Department of Justice and Department of Interior to hold “reconciliation” hearings in Hawaii, asking ethnic Hawaiians what goodies they would like from the federal government as part of the “reconciliation” called for in the apology resolution of 1993 (at the beginning of his Presidency). This was Clinton’s way of gearing up for the expected ruling in Rice v. Cayetano, which came in February 2000, and gearing up for introduction of the Akaka bill in the House and Senate in July 2000 as a way to overrule the Supreme Court.

Brett Kavanaugh, Robert Bork, and Roger Clegg jointly wrote an amicus brief in Rice v. Cayetano which was very influential in producing the 7-2 decision abolishing the portion of Hawaii’s Constitution that mandated racial segregation in Hawaii’s election of OHA trustees. Kavanaugh was the counsel of record. Everyone old enough will remember how Robert Bork got borked at his confirmation hearing for Supreme Court. Roger Clegg is now President and General Counsel of the Center for Equal Opportunity, where he worked for many years under the leadership of Linda Chavez; Clegg was helpful for many years in fighting the Akaka bill and Hawaii’s plethora of racial entitlement programs. The brief is very lengthy, filled with citations, and well-argued as you would expect from a nominee for Supreme Court. It’s available on findlaw, the free version of Lexis-Nexus, at
https://tinyurl.com/y8hwd7dh

Both of Judge Kavanaugh’s essays should be read by all the people of Hawaii, because they are powerful arguments against “Native Hawaiian” racial entitlement programs and the now-20-year effort to create a federally recognized Hawaiian tribe whose size could potentially now be 600,000 (one drop of the magic blood is enough to belong). The whole purpose of converting a racial group into an Indian tribe is to provide a legal basis for about a thousand currently existing racial entitlement programs to survive legal challenges under the 14th Amendment equal protection clause, and to increase this racial group’s political power and give them ownership of lands and corporations. Judge Kavanaugh’s essays are strong medicine against dividing the lands and people of Hawaii along racial lines. For a compilation of many Hawaiian racial entitlement programs, see
https://tinyurl.com/zrfuy8k

Here is a compilation of all major articles opposing the Akaka bill (to create a Hawaiian tribe) which I updated continuously from year 2000 through 2014: The front page is an index broken into time periods; full text of each article is available in the subpages for the several time periods.
https://tinyurl.com/5eflp