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The Honolulu Advertiser
Posted on: Friday, September 2, 2005

9th Circuit Court withdraws order

Advertiser Staff

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The 9th Circuit Court of Appeals has withdrawn its order directing lawyers for an unnamed non-Native Hawaiian student to file papers opposing Kamehameha Schools' request for a rehearing on its admissions policy.

On Aug. 2, the court issued a 2-1 decision that the policy bars non-Native Hawaiian students and constitutes a violation of federal civil rights laws. The school had asked for a larger "en banc" panel of 11 appeals judges to rehear the case. The state attorney general's office and others have filed friend-of-the-court briefs in support of the school's request.

Yesterday, the court said its order, which was issued last week, was erroneous.