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The Honolulu Advertiser
Posted on: Saturday, March 3, 2007

Ruling on admissions appealed

By Gordon Y.K. Pang
Advertiser Staff Writer

Attorneys for a teenager denied entry into Kamehameha Schools have asked the U.S. Supreme Court to look at the legality of the institution's Hawaiians-first admissions policy.

Last December, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled 8-7 to uphold the policy, which reversed an earlier 2-1 panel decision that appeared to strike it down.

Attorneys for the boy say the policy violates federal civil rights laws that prohibit racially segregated schools. Kamehameha officials said the school's situation is unique and part of a private will designed to provide an educational remedy to correct the ills suffered by Native Hawaiians.

Eric Grant, an attorney for the student identified only as John Doe, yesterday acknowledged that only 3 percent of petitions to the nation's highest court to review court decisions are accepted.

But Grant said that number is misleading since they include cases with little chance of being accepted. The John Doe case, he said, stands "a pretty good chance" because of the narrow margin of the appeals court decision and because of the importance and interest of the case.

He noted that the Supreme Court also currently has before it two other cases involving school admissions issues.

"It's a natural case for them to take," Grant said. "There are no sure things, but in my judgment and that of other lawyers I talked to, this has a pretty good chance, so we'll see."

Kamehameha Chief Executive Officer Dee Jay Mailer said in a statement that the institution has a strong case for opposing the petition.

"This case does not raise issues of national importance," she said.

Kamehameha's situation is unique, she said, in that it was "founded by a princess in her sovereign homeland, who bequeathed her private wealth to provide an educational remedy for the ongoing socioeconomic disadvantages suffered by her native people."

The lawsuit involves a federal statute enacted by Congress, Mailer said. "The same Congress has recognized and supported our mission."

Grant said the boy graduated from his local public high school in Hawai'i and is now attending college.

Kamehameha officials said they expect to respond to the petition within 30 days. Grant said Kamehameha has until early April to respond, and that he expects the Supreme Court to decide whether to hear the case before it leaves for summer recess in late June.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.