From The Volokh Conspiracy Blog:
As I said, my libertarian sympathies lie with the school, and given relevant Hawaiian history, I don’t have any particular distaste for the Schools spending money left by a Hawaiian princess for Native Hawaiian education on Native Hawaiians. But I think it’s too clever by half for courts to hold that minorities are protected from discrimination by a law that grants them the same rights as “white citizens”, if “white citizens” (among others) do not have these rights to begin with. Put another way, it’s hard to read the language of the 1866 Act as doing anything other than creating legal parity between whites and others. Any interpretation of the Act that disrupts that parity with regard to any right that is perceived to come within the protections of the Act lapses into incoherence.
I agree with Mr. Volokh’s libertarian leanings, the school should be able to do what it wants with the money, but the courts are fucking around, making sure that whitey gets the shaft. That ain’t cool.
