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- calendar_today October 29, 2026
Delegation Files Amicus Brief Supporting Kamehameha Schools
Hawaii's congressional delegation has stepped into an ongoing legal challenge involving Kamehameha Schools and its admissions preference for Native Hawaiian students. U.S. Senators Brian Schatz and Mazie Hirono, along with U.S. Representatives Ed Case and Jill Tokuda, filed an amicus brief in federal court on October 23 in support of the institution’s motion to dismiss the lawsuit.
Challenge Over Admissions Preference and Native Hawaiian Rights
The lawsuit, filed by Students for Fair Admissions and individual plaintiffs, alleges that the school’s admissions preference for Native Hawaiian students constitutes unlawful discrimination against non-Native Hawaiian students. The case centers on complex issues involving federal civil rights law, Congress’ authority regarding Native Hawaiian affairs, and Kamehameha Schools’ longstanding educational mission.
Congressional Arguments: Authority and Trust Responsibility
In their brief, the lawmakers argue that Congress possesses both the constitutional authority and a historical trust responsibility to protect Native Hawaiian rights. According to the delegation, federal lawmakers have the power to enact legislation safeguarding Native Hawaiian interests and supporting institutions that serve the Native Hawaiian community, including in areas such as education and self-determination.
2010 Federal Law and Kamehameha Schools’ Mission
A key element of the delegation’s argument is a federal law passed in 2010 that explicitly allows Kamehameha Schools to deliver educational programs to Native Hawaiians first, then to others only after the needs of Native Hawaiians are met. The lawmakers contend this statute underlines Congress’ unique relationship with Indigenous communities and reflects a broad pattern of legislation supporting Native Hawaiian education.
The brief further states that Congress’ ability to protect Native Hawaiian interests does not depend on federal tribal recognition, marking a distinction from other Indigenous relationships. The lawmakers also highlight over a century of federal statutes recognizing the special status and needs of the Native Hawaiian community.
Response from Delegation and Kamehameha Schools
In an email to the Honolulu Star-Advertiser, the four lawmakers described the federal government’s obligations to Native Hawaiians and the importance of Kamehameha Schools’ educational mission. They asserted, "For decades, Congress has affirmed these legal and moral obligations through more than 150 enactments recognizing and protecting the rights of Native Hawaiians as an Indigenous people of the United States. This lawsuit is a direct attack on Kamehameha Schools and its mission to educate Native Hawaiian children in accordance with the vision of Princess Bernice Pauahi Bishop. The Court must respect Congress’ clear intent and should dismiss this case."
Kamehameha Schools was founded in accordance with the will of Princess Bernice Pauahi Bishop, whose estate was left to educate Native Hawaiian children. The institution maintains that its admissions preference is central to fulfilling this mission.
Ongoing Court Case and Next Steps
The legal challenge, brought by Students for Fair Admissions—known for litigation targeting race-conscious admissions—invokes federal civil rights statutes, including those concerning racial discrimination in contracts. The congressional delegation’s brief centers on defending the constitutionality of the 2010 law and asks the court to dismiss the case.
An amicus brief lets non-parties provide legal reasoning for the court’s consideration, but does not make them parties to the lawsuit. The four lawmakers’ filing does not ensure the court will accept their arguments. Kamehameha Schools expressed gratitude for the support, identifying the lawmakers as uniquely positioned to speak on Congress’ trust relationship with Native Hawaiians.
The case remains before the U.S. District Court for the District of Hawaii, with a hearing on Kamehameha Schools’ motion to dismiss scheduled for November 17. The court’s decision will determine whether the lawsuit can move forward.
Source: westhawaiitoday.com.
