Wednesday, October 31, 2007

Where the Superferry Issue goes: it's next steps

Dear Activist Friends on the Superferry Issue,

I just had a conversation with Dick Mayer, a Maui activist quite educated on the legislative and legal angles of this issue.  You have likely seen his name in many of the emails which came forth in the past weeks and months.

Dick tells me that the next hurdle that happens now that the legislature has passed the Superferry bailout law, is that Superferry will go back to Maui Judge Joseph Cardoza to attempt to remove the injunction the judge placed on Superferry.  There are a lot of questions in the air on this.  The Hawaii State Supreme Court has concurrent jurisdiction over any ruling Judge Cardoza makes (in effect the Supreme Court is looking over the Judge's shoulder on this case).

Different scenarios begin to appear:

1. Judge Cardoza could see the law appears unconstitutional,
2.  The State Supreme Court could rule that it's unconstitutional
3.  Judge Cardoza could take several weeks to get more info on this, or he could rule immediately
4. The US Court of appeals could enter the picture on the Federal level, or even the US Supreme Court

I am an optimist given the Hawaii Supreme Court's 6-0 decision in the Environmentalist favor, that there will be a beneficial event from this branch of government once again.

That is my pule, instead of a very messy confrontation in the harbors.

I, in turn, ask you each to take this to prayer to see the highest good come from this issue,


John Tyler