HOW IT HAPPENS - WHY IT HAPPENS

Thursday, June 12, 2008

HAWAII CALLS IN THE MUSCLE...PIMP MUSCLE


HAWAII'S NOT ONLY IN THE SUPPERFERY'S POCKET



ALABAMA, ALASKA, ARIZONA, COLORADO, FLORIDA, GEORGIA,
IDAHO, INDIANA, IOWA, KENTUCKY, LOUISIANA, MARYLAND,
MICHIGAN, MISSISSIPPI, NEBRASKA, NEW HAMPSHIRE, NEW MEXICO,
NOORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, RHODE
ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, UTAH, VERMONT, WYO-
MING, THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS>







This of course involves the "ceded lands" case. [Disclosure: we filed an amicus brief in the case, supporting the State's arguments.] This resolution is symbolic, since the Lingle Administration has never appeared to possess any inclination to withdraw the state's request for SCOTUS review, especially after expending a huge amount of legal capital to get the Court to consider the case, including having 29 states and the federal government join as amicus parties supporting the state's argument (as we noted here and here). Nonetheless, the "withdraw the appeal" canard somehow got started, and now apparently has reached a point where it has a life of its own. Even if within the realm of the possible, the Court is hearing oral arguments in the case in less than 38 hours, so it remains highly unlikely that the Lingle Administration will have a last-minute change of heart
.

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