Petition Dismissed in Kamehameha
on May 14, 2007 at 10:17 am
On Friday, the petition in No. 06-1202, Doe v. Kamehameha Schools, was dismissed pursuant to an agreement among the parties (see S. Ct. Rule 46.1).
The petition in the case was from a decision of the Court of Appeals for the Ninth Circuit, which held by an 8-7 vote that certain private schools in Hawai’i did not violate 42 U.S.C. 1981 by implementing admissions preferences for Native Hawaiians as a remedy for past harms inflicted by the national government on such Native Hawai’ians. The case raised some very interesting, but fairly unique, statutory issues.
Mike Paulsen blogged about the case last week on Balkinization, suggesting it was a modern variant of Cooper v. Aaron and Runyon v. McCreary. I disagreed, and responded to Mike here.
