Hawaii: Kennedy temporarily blocks Hawaii vote count | SCOTUSblog

Showing some skepticism that an election now taking place in Hawaii is a purely private matter, Supreme Court Justice Anthony M. Kennedy on Friday temporarily blocked the ballot-counting after all the votes are in on Monday.  The order was not a final action, hinting that there could be other orders within coming days. The balloting on a proposal to begin the process toward setting up a new nation of “native Hawaiians” within the state of Hawaii actually began on November 1, and concludes on November 30.  Only “native Hawaiians” can vote.  The challengers, contending that the election is an official election that is race-based and thus violates the Constitution, had not asked that the balloting be stopped, and Kennedy’s order does not do so. The state of Hawaii, with strong support from the federal Department of the Interior, favors a plan to create a new entity, something like an Indian tribe, that would give those who can show Hawaiian ancestry the right of self-determination, leading to the status of a sovereign nation.

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