Abercrombie: DOJ statement a “disappointment”

“The Justice Department statement is a big disappointment.  It’s clear Congress has the constitutional authority to recognize indigenous peoples.  But if Justice disagrees, why did they bother negotiating with us on the details in the Akaka Bill?  We addressed every single one of their stated concerns.  Then they said, in effect, ‘Well, we still oppose the bill.’   This sad turn of events underlines what I’ve maintained from the beginning: We need a clear signal of approval from the President if this bill is going to pass the House of Representatives.”

The Justice Department statement said: "The administration appreciates the work of the Hawaii delegation to address some of the concerns raised by the Justice Department but there are substantial, unresolved constitutional concerns regarding whether Congress may treat Native Hawaiians as it does the Indian tribes, and whether Congress may establish and recognize a Native Hawaiian governing entity. As the Supreme Court has stated, whether Native Hawaiians are eligible for tribal status is 'a matter of some dispute' and 'of considerable moment and difficulty.'"

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