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IN THE SUPREME COURT OF THE UNITED STATES- - - - - - - - - - - - - - - - - xHAWAII, ET AL., :Petitioners :v. : No. 07-1372OFFICE OF HAWAIIAN :AFFAIRS, ET AL. :- - - - - - - - - - - - - - - - - xWashington, D.C.Wednesday, February 25, 2009The above-entitled matter came on for oralargument before the Supreme Court of the United Statesat 10:10 a.m.APPEARANCES:GEN. MARK J. BENNETT, ESQ., Attorney General, Honolulu,Haw.; on behalf of the Petitioners.WILLIAM M. JAY, ESQ., Assistant to the SolicitorGeneral, Department of Justice, Washington,D.C.; on behalf of the United States, as amicuscuriae, supporting the Petitioners.KANNON K. SHANMUGAM, ESQ., Washington, D.C., on behalfof the Respondents.1

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C O N T E N T SORAL ARGUMENT OF PAGEGEN. MARK J. BENNETT, ESQ.On behalf of the Petitioners 3

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WILLIAM M. JAY, ESQ.

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On behalf of the United States, as amicus

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curiae, supporting the Petitioners 18

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KANNON K. SHANMUGAM, ESQ.On behalf of the Respondents 27

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REBUTTAL ARGUMENT OF

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GEN. MARK J. BENNETT, ESQ.

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On behalf of the Petitioners 55

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Official - Subject to Final Review

P R O C E E D I N G S(10:10 a.m.)CHIEF JUSTICE ROBERTS: We will hearargument first this morning in case 07-1372, Hawaiiversus the Office of Hawaiian Affairs.General Bennett.ORAL ARGUMENT OF GEN. MARK J. BENNETTON BEHALF OF THE PETITIONERSMR. BENNETT: Mr. Chief Justice, and may itplease the Court:A 1993 congressional apology resolution didnot alter Hawaii's right to transfer its public lands orrepeal, by implication, prior congressional enactmentsthat it extinguish all competing claims to those lands.It was, as its sponsor said at the time, a simpleapology, and no more.The lands in question were the former Crownand government lands of the Kingdom of Hawaii. TheRepublic of Hawaii was the successor in interest andownership to those lands and was recognized as such bythe United States. The 1898 Newlands Resolution ofAnnexation recited that the Republic of Hawaii wasceding the absolute fee ownership of those lands to theUnited States, and that that cession was accepted,ratified and confirmed. Once the United States Congress3

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