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Hawaii v. Gordon

Hawaii v. Gordon, 373 U.S. 57 (1963)
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Court
Supreme Court of the United States
Decided
April 29, 1963
Docket
No. 12 ORIG
Judges
White
Citations
373 U.S. 5783 S. Ct. 105210 L. Ed. 2d 1911963 U.S. LEXIS 1696

Opinion — Per Curiam

Per Curiam.

Section 5 (e) of the Hawaii Statehood Act, 73 Stat. 4 , 48 U. S. C. (Supp. II, 1960), pp. 1257-1261, provides that within five years from the date Hawaii is admitted to the Union federal agencies having control over land or properties retained by the United States under § 5 (c) and (d) of the Act shall report, to the President-as to the “continued need for such land or property, and if the President *58 determines that the land or property is no' longer needed by the United States it shall be conveyed to the State of Hawaii.” The President designated the Director of the Bureau of the Budget to perform his functions thereunder. The Director thereafter, pursuant to an opinion of the Attorney General, 42 Op. Atty. Gen. (No. 4), concluded, and so advised federal agencies, that the lands referred to in ■§ 5 (e) do not include lands obtained by the United States through purchase, condemnation or gift but are limited to lands which at one time belonged to Hawaii and were ceded to the United States or acquired in exchange therefor.

Hawaii filed this original action against the Director, under Art. Ill, § 2, of the Constitution of the United States, seeking to obtain ah order requiring him to withdraw this advice to the federal agencies, determine, whether a certain 203 acres of land in Hawaii acquired by the United States through condemnation was land or properties “needed by the United States” and, if not needed, to convey this land to- Hawaii. We have concluded that this is a suit against the United States and, absent its consent, cannot be maintained by the State. The general rule is that relief sought nominally against an officer is in fact against the sovereign if the decree would operate against the latter.

E. g., Dugan v. Rank, 372 U. S. 609 (1963); Malone v. Bowdoin, 369 U. S. 643 (1962);

Larson v. Domestic & Foreign Corp., 337 U. S. 682 (1949). Here the order requésted would require the Director’s official affirmative action, affect the public administration of government agencies and causé as well the disposition of property admittedly belonging to the United States. .The complaint' is therefore dismissed.

Oregon v. Hitchcock, 202 U. S. 60 (1906).

Dismissed.

Mb. Justice White, took no part in the consideration or-decision of this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 19 in all; the most informative distinct ones are shown.

Cited by 257 cases

View all citing references →
1963: 21964: 11965: 21966: 31967: 41968: 21969: 41970: 11971: 81972: 31973: 91974: 81975: 61976: 81977: 61978: 51979: 41980: 31981: 21982: 31983: 61984: 121985: 91986: 101987: 41988: 31989: 21990: 41991: 21992: 41993: 11994: 51995: 51996: 31997: 61998: 21999: 92000: 52001: 82002: 32003: 22004: 22005: 12006: 22007: 12008: 22010: 12012: 32013: 22015: 22016: 22017: 32018: 22019: 82020: 92021: 32022: 42023: 92024: 42025: 62026: 219632026peak 1984 · 12

Relies on it most ⓘ

  1. Vann v. Kempthorne534 F.3d 741 (D.C. Cir. 2008)
  2. Blake Construction Co., Inc. v. American Vocational Association, Inc. And Riggs National Bank419 F.2d 308 (D.C. Cir. 1969)
  3. University of Utah v. Max-Planck-Gesellschaft Zur Forderung Der Wissenschaften E.V.734 F.3d 1315 (Fed. Cir. 2013)
  4. Federal Sav. and Loan Ins. Corp. v. Williams599 F. Supp. 1184 (D. Maryland 1984)
  5. South Carolina v. United States232 F. Supp. 3d 785 (D.S.C. 2017)
  6. Connecticut v. Cahill217 F.3d 93 (2d Cir. 2000) · Dissent

Most recent

  1. Frederick Thomas Allen v. New Jersey Board of Medical ExaminersNo. 3:26-cv-00090 (D.N.J. Aug. 12, 2026)
  2. US ex rel. Sargent v. CollinsNo. 25-1153 (1st Cir. Jan. 22, 2026)
  3. Lamb v. Saguaro Trails Community AssociationNo. 4:25-cv-00159 (D. Ariz. Sept. 24, 2025)
  4. Street v. WormuthNo. 1:23-cv-03231 (D. Maryland Mar. 31, 2025)
  5. Golbert v. SmithNo. 1:23-cv-00300 (N.D. Ill. Mar. 31, 2025)
  6. CASHAW v. LUCIANo. 3:24-cv-10864 (D.N.J. Mar. 17, 2025)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682 (1949) 1,483
Dugan v. Rank, 372 U.S. 609 (1963) 1,037
Malone v. Bowdoin, 369 U.S. 643 (1962) 280
Oregon v. Hitchcock, 202 U.S. 60 (1906) 67

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