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The Honolulu Advertiser

Updated at 10:54 a.m., Tuesday, June 20, 2006

Kamehameha Schools case heard in San Francisco

Listen to a recording of the arguments in the Kamehameha Schools' admissions-policy case before the 9th Circuit Court of Appeals

By Ken Kobayashi
Advertiser Courts Writer

SAN FRANCISCO — Fifteen judges of the 9th U.S. Circuit Court of Appeals heard arguments today on an unnamed non-Native Hawaiian teenager's challenge to Kamehameha Schools' 119-year-old admissions policy giving preference to applicants with Hawaiian blood.

The judges adjourned the hearing without indicating when they will rule. Legal observers say it could take months before a ruling is issued.

The judges heard arguments from Sacramento attorney Eric Grant, who represents the teenager and his mother, who sued the charitable trust three years ago. They maintain that the admissions policy violates federal civil rights law.

Kathleen Sullivan, a former dean of Sanford Law School who was hired by the school, defended the admissions policy during the hearing at the 9th Circuit's headquarters here.

The hearing lasted a little more than an hour, with the judges peppering both Grant and Sullivan with questions, some sympathetic, others tougher. The two agreed to one question posed by an appeals judge, who wondered whether there was any way the court could issue a decision without dealing with the merits of whether the policy violated federal law.

Both lawyers said they could not think of any way. There didn't seem to be from the judges' questions a clear consensus favoring either side.

"I thought it went well," Grant said. "I think it's fair to say the court is divided. It probably will be a close case either way."

Sullivan said the appeals court always asks a lot of questions. "Questions are friends because the questions show the way to ruling in our favor, which we very much hope they'll do," Sullivan said.

Kamehameha Schools has maintained that the unique circumstances of the trust and hardships facing Native Hawaiians justify the policy of giving giving preference to students with Hawaiian blood.

In August, a panel of the appeals court ruled 2-1 that the policy violates federal civil rights law. But at the request of Kamehameha Schools, the 9th Circuit withdrew that decision and ordered today's hearing before the "en banc" panel of 15 judges.