Ka Wai Ola - Office of Hawaiian Affairs, Volume 24, Number 12, 1 December 2007 — End-run around courts [ARTICLE]

End-run around courts

We are witnessing the break down of American law in Hawaii brought about by the Superferry. The U.S. constitution states that it is illegal for the legislative branch of government to overturn any final Supreme Court decision. The Supreme Court has ruled that the Superferry must do an EA/EIS, and enviromnental law is very clear that this must be done BEFORE they sail. Onee the Supreme Court ruled HRS 343-5 applies, it heeame a done deal. The state Legislature ean go and change the enviromnental laws we have fought so hard to establish, but it will not apply to the Superferry because that case has already been decided. To allow this private enterprise to do an end-run around the Supreme Court ruling signifies the executive branch of government (Gov. Linda Lingle) illegally interfered in the judicial branch — an impeaehahle offense. Government in essence will be acting outside the law, and by involving other agencies such as the Coast Guard, etc., the situation escalates into an illegal eonspiracy. In 1893, the Coimnittee of Safety illegally seized power of Hawai'i and now the Lingle administration seems to be repeating our infamous history. If we are not ALL going to be held to follow American law, then why not give Hawaii back its independence and allow home rule to establish a fair and consistent form of govermnent to prevent outside influences from continuing to plunder/destroy our precious natural resources? Tamara Paltin Lahaina