But Wait!

From Jerry Mander's article in The Nation:

But wait! The battle may not be over. As David Brower, the celebrated leader of the Sierra Club during its heyday in the 1960s, often said, "there are no environmental victories, only holding actions; they always come back."

First there is the Cheneyesque Governor Lingle, who never admits mistakes, and never quits pushing. She said that ending Superferry service would be "devastating" to Hawaii--she may have meant devastating to herself--and arrogantly re-asserted that Act Two was entirely legal, whatever the unanimous court said.

Lingle revved up the conservative Honolulu broadcast media to blame environmentalists rather than herself for the loss of 236 Superferry jobs. But as one opponent responded, "If it's illegal jobs the Governor wants, then growing marijuana would be more profitable, better for the environment and doesn't need absentee owners."

And it looks like our own Democratic Senate Leader, Colleen Hanabusa, has climbed into bed with Lingle and Bennet, spouting the same nonsensical line that the Court ruling will:

"It basically concluded that the Legislature can never do anything that favors one group over another, but that's what they do everyday. That's more of the concern that we have as a Legislature. It goes beyond just Superferry it goes to other pieces of legislation that we've done.

"We in the legislature write laws to benefit only the Big Island or only Oahu or only Maui or only Kauai. The Superferry decision will prohibit us from doing that. As well, when we look to preserve "Kona Wilderness," this, too will be prohibited. That is why there is a concern. Anyone who disagrees with those laws can challenge it. That is why it now goes beyond Superferry.

Hanabusa's statements are nonsensical on many levels. First, anyone can sue at any time regardless of a Court ruling -- they might not win -- but nothing except money stops any individual or group from filing a lawsuit. The Court ruling did not create this situation. It has always existed.

Second, the Court ruling was quite narrow. The finding that this was an unconstitutional law was based on the fact that it benefited only one private company, it had a sunset date that meant no other ferry company could take advantage of the exemption. The Court made sure to state that this ruling did not invalidate all laws aimed at a "Class of one" only that this particular law created an artificial class of one that made it a special interest law.

Thirdly, Senator Hanabusa somehow has gotten the impression that the Court ruling made new law or precedent. This is far from the case. The Court simply followed existing law. Law that is applied in all 50 of the U.S. States. And no disaster has befallen the other state legislatures.

Hanabusa is either not very bright or she is spouting Linda Lingles lies for some political gain. Since Hanabusa has ambitions for a state-wide office, I wonder if she has burnt her bridges with the neighbor islands by allying herself with Gov. Lingle.

Read more: HAWAII COURT BACKS PROTESTORS VS. SUPERFERRY
(But the Saga Continues)
By Jerry Mander & Koohan Paik