Contempt Charges Filed Against Government-Sponsored, Race-Based Nation Building Effort

The plaintiffs in the case Akina v. the State of Hawaii on Tuesday filed a Motion for Civil Contempt at the U.S. Supreme Court against the Trustees of the Office of Hawaiian Affairs, the Native Hawaiian Roll Commission, Nai Aupuni, and other defendants in the case.  The motion argues that the respondents are in violation of the letter and spirit of the Court’s temporary injunction issued on December 2nd, after which Nai Aupuni cancelled their election and offered to seat all candidates as delegates in a convention to form a government.

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The plaintiffs have asked the Court to hold respondents in contempt and take all steps necessary to enforce the temporary injunction.

“It’s outrageous that Na’i Aupuni and state agencies such as OHA and the Native Hawaiian Roll Commission have ignored and defied the Supreme Court of the United States,” stated Keli’i Akina, Ph.D., president of the Grassroot Institute and a plaintiff in the case.  Dr. Akina continued, “All citizens of Hawaii, including Native Hawaiians, should be appalled at the contempt our own state government is showing to the U.S. Constitution.  The majority of Native Hawaiians, in particular, have made it clear that they do not support and are not represented by those trying to push through a state-sponsored, racially discriminatory government-creation process.”

The case is being argued by Judicial Watch, assisted by the Grassroot Institute of Hawaii, an independent, free-market think tank that has enlisted the plaintiffs.  Plaintiffs include four native Hawaiians and two non-native Hawaiians.

Robert Popper of Judicial Watch, lead attorney in the case said, “This whole election was based on a trick, using a non-profit that was really a state agent to accomplish what the State could not.  It was all an attempt to get around prior Supreme Court precedent.  This latest move of certifying all the candidates as winners is simply another trick.  This time it’s an attempt to get around the Supreme Court’s Dec. 2 injunction.”

Michael Lilly, former Hawaii Attorney General and an attorney for the plaintiffs added, “Nai Aupuni cancelled its election and certifies delegates without first asking the US Supreme Court whether that was in violation of its Temporary Injunction.  By certifying delegates, Nai Aupuni violated the Supreme Court’s order for which we have asked them to be held in contempt of court.”

To see all the filing and documents associated with the case of Akina v. Hawaii, go to

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