Peter Kirsanow, Todd Gaziano, Gail Heriot, and Abigail Thernstrom of the U.S. Commission on Civil Rights have written a letter to President Obama urging him not to implement by executive order provisions of the Native Hawaiian Government Reorganization bill, which has never been enacted. The letter argues that such action would be both unwise as policy and unconstitutional.
They’re quite right: This bill is simply an attempt to circumvent the ban on racial preferences by declaring – falsely – that Native Hawaiians are an Indian tribe rather than an ethnic group (as the Supreme Court has ruled).
The Center for Opportunity has posted the letter here, and there is an article about it in the Washington Times here.