Sen. Mazie Hirono (D-HI) proved again what a steadfast, Democratic hero she’s become in Wednesday’s hearing for Supreme Court nominee Brett Kavanaugh. She reaffirmed that Thursday morning, joining the Democratic revolt against the massive document cover-up of Kavanaugh’s record.
What Hirono was asking about was part public and part “committee confidential.” In 1999, Kavanaugh wrote an op-ed for the Wall Street Journal in which he opined that the Native Hawaiian community is not indigenous because they migrated from Polynesia. He wrote that op-ed in response to the Supreme Court case Rice v. Cayetano, where the court ruled that excluding voters because they are not Hawaiian violated the 14th and 15th amendments.
“It might interest you to know,” Hirono schooled him “that Hawaii is part of Polynesia so it's not that they came from Polynesia, they were a part of Polynesia.” Then she got to the part that is troubling for the indigenous population of Alaska, as well: “You also implied that Native Hawaiians couldn't qualify as an Indian tribe and therefore were not entitled to constitutional protections given to indigenous Americans.”
Live in Alaska? You have the power. Sign and send a petition to Sen. Lisa Murkowski: Save Roe v. Wade. Oppose any anti-choice Supreme Court nominee.
Then she asked about the supposedly confidential information, an email he sent in 2002 saying, "Any programs targeting Native Hawaiians as a group is subject to strict scrutiny and of questionable volatility under the constitution." She asked “Do you think Rice v. Cayetano raises constitutional questions when Congress passes laws to benefit Native Hawaiians?” Kavanaugh hemmed and hawed, offering only the insubstantial reply that “I think Congress has substantial power of course in this area that you're discussing and I would want to hear more about how Rice applies.”
“I think you have a problem here,” Hirono told Kavanaugh after his dissembling. “Your view is that Hawaiians don't deserve protections as indigenous people under the constitution and your argument raises a serious question on how you would vote on the constitutionality of programs benefiting Alaska natives. I think that my colleagues from Alaska should be deeply troubled by your views.”
Yes, they should. That means you, Sen. Lisa Murkowski.