11-28-2015, 11:27 AM
Interesting indeed, given that the SCOTUS is also reviewing Fisher vs Uni. Of Texas (affirmative action in higher ed) for a second time. Race-based programs appear to be under strict scrutiny by this court and the findings may implicate other race based programs (OHA? DHHL? DOI definition of Hawaiian people as political group (but w/ blood requirements)?. Justice Kennedy apparently has never voted to uphold an affirmative action program but other justices may find compelling reasons to allow Nai Aupuni's process to proceed.