The plaintiffs, and now conservative amicus American Civil Rights Union, have asked Justice Kennedy to enjoin pending appeal a racially exclusive election that is being held in Hawaii, as Hans von Spakovsky discussed on “Bench Memos” earlier this month. Christian Adams, the lawyer for the ACRU, says, “Hawaii held such an election once before, and it shouldn’t be allowed to hold one again.” The key precedent for the plaintiffs here is Rice v. Cayetano, which struck down (after the fact) a similar racially exclusive election; the opinion was written by Justice Kennedy.