U.S. Supreme Court Moves to Block Results of Election by Native Hawaiians

U.S. Supreme Court Moves to Block Results of Election by Native Hawaiians

Supreme Court Justice Anthony Kennedy has stepped in on a Native Hawaiian election, declaring that the votes in the election will not be counted until the full court can consider the constitutionality of the matter.

The U.S. Supreme Court, wearing the face of Justice Anthony Kennedy, on Friday ordered election officials in Hawaii not to count ballots or announce winners in a recent election. The election continues until Monday, and only native Hawaiians are allowed to vote. The native Hawaiians are moving to become an independent and self governing entity.

Certain residents of Hawaii presented an emergency application to the Court to stop the election. The group of Hawaiian citizens, who are not of Native ancestry, declared that the election was in violation of the 15th Amendment to the U.S. Constitution. The 15th Amendment prohibits discrimination against race in any manner of voting, according to The New York Times.

Justice Kennedy had acted alone in this matter, but it is likely the full court will deal with it when they return on Monday. Kennedy’s attention to the application doesn’t stop the voting, but will bring matters to an immediate halt after the voting has finished up on Monday.

The Native Hawaiians are voting to elect delegates that will head to a convention to determine the matter of self governance for the Native Hawaiian population. The Natives are adhering to a 2011 law that states that to be considered a Native, one has to be descended from, “the aboriginal peoples, who, before 1778, occupied and exercised sovereignty in the Hawaiian Islands.” These are the only ones allowed to vote in the current election.

The state government has not interfered, and a Honolulu federal judge has agreed with the state government decision. After the U.S. Court of Appeals for the 9th Circuit in San Francisco saw no reason to interfere, Justice Kennedy decided to step in.

Justice Kennedy declared that ancestry can be considered the same as race, and that the results will be put on hold until the full court can convene to determine the constitutionality of the election.

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