A procedural move by Students for Fair Admissions could transform this lawsuit from a private dispute into a major federal policy battle
Three days after filing their lawsuit against Kamehameha Schools, Students for Fair Admissions did something unusual: They asked a federal judge to formally notify the U.S. government about their case.
It might sound like a minor procedural step. It's not.
If the judge agrees to notify the Attorney General—and all signs suggest he will—the Trump administration will have 60 days to decide whether to jump into this case as a third party. That decision could transform what looks like a David vs. Goliath fight between a small advocacy group and Hawaii's most prestigious private school into something much bigger: a landmark federal case about the role of race in American education.
The Trump administration has until December 22, 2025 to decide whether to intervene in this case.
And both sides are now waiting to see what happens next.
What Just Happened
On October 23, just three days after filing their lawsuit, SFFA sent a notice to the court. The notice said their case raises constitutional questions about a federal civil rights law—specifically, whether that law contains an exception allowing racial preferences for Native Hawaiians.
Under a federal court rule called Rule 5.1, when someone challenges the constitutionality of a federal statute, they have to notify the U.S. Attorney General. That notification gives the government a chance to weigh in—either to defend the law, challenge how it's being interpreted, or stay out entirely.
The judge then asked both sides a simple question: Should I formally certify this constitutional challenge to the Attorney General?
On October 31, SFFA filed a three-page brief with a clear answer: Yes, please certify.
Kamehameha Schools hasn't responded yet because they haven't officially entered the case. But when they do, they'll have just three days to file their own response about whether the judge should bring the federal government into this fight.
Why This Matters
When a federal court certifies a constitutional question to the Attorney General, it starts a 60-day clock. During that window, the Department of Justice can decide whether to intervene in the case as a formal party.
In this case, that clock started ticking on October 23. The deadline is December 22, 2025.
If the DOJ decides to intervene, everything changes:
The case gets bigger. Instead of SFFA vs. Kamehameha Schools, it becomes SFFA + the United States vs. Kamehameha Schools. The federal government brings unlimited resources, teams of expert lawyers, and the full weight of its authority.
Settlement becomes nearly impossible. In 2007, the last legal challenge to Kamehameha's admissions policy ended when the school paid a family $7 million to drop their case—right before the Supreme Court could decide whether to review it. You can pay off a private family. You can't pay off the United States government.
The stakes get higher. A case with the federal government involved is more likely to create binding legal precedent. It's also more likely to reach the Supreme Court. What happens here won't just affect Kamehameha Schools—it could affect how courts across the country think about race-based policies in education.
The politics become unavoidable. Right now, this looks like a dispute about one school's admissions policy. If the Trump administration joins SFFA's side, it becomes part of a broader federal policy initiative against racial preferences in education.
What SFFA Is Asking For
In their court filings, SFFA gave the Department of Justice four different ways it could get involved:
Option 1: Argue that the 2006 court decision never actually created an exception in civil rights law for Native Hawaiians.
Option 2: Argue that even if it did, that interpretation of the law was wrong.
Option 3: Argue that any such exception violates the Constitution and should be struck down.
Option 4: Defend the exception as both legal and constitutional.
Notice something? Three of those four options would help SFFA's case. Only the fourth would hurt them.
SFFA isn't just opening the door for the government to get involved. They're practically rolling out a red carpet with a menu of ways the DOJ could support their position.
Why Each Side Wants What They Want
Why SFFA Wants This
- Resources matter. The DOJ has unlimited funding and hundreds of lawyers. SFFA can't match that.
- Credibility matters. When the U.S. government takes a position, judges listen.
- This can't disappear. The government can't be bought off like the $7 million settlement in 2007.
- Supreme Court pathway. Cases with DOJ involvement are more likely to reach the highest court.
Why Kamehameha Might Oppose
- Another powerful opponent. Fighting the federal government is much harder than fighting one advocacy group.
- Political reality. The Trump administration has been hostile to racial preferences in education.
- No escape hatch. Can't settle quietly if the government is involved.
- Bigger precedent risk. Could affect other Native Hawaiian programs statewide.
What Happens Next
Kamehameha Schools enters an appearance in the case (files paperwork saying "we're here, these are our lawyers"). This should happen any day now.
Within three days of entering, Kamehameha must file their own three-page brief responding to the certification question.
The judge decides whether to formally certify the constitutional question to the U.S. Attorney General.
If certified, the Department of Justice has until December 22, 2025 to decide whether to intervene.
The DOJ has three choices: Join SFFA's side. Defend Kamehameha's policy. Or stay out entirely.
The Bigger Picture
This procedural move reveals something important about SFFA's strategy. They're not just trying to win a case against one school in Hawaii. They're trying to use Kamehameha as a vehicle for a much broader legal challenge to the use of race in education.
By potentially bringing in the Trump administration, SFFA is signaling that this case is about more than just three campuses and 5,400 students. It's about establishing legal principles that could affect educational institutions across the country.
Whether you think that's a righteous crusade for colorblind equality or an attack on programs designed to help historically disadvantaged communities probably depends on where you stand politically. But either way, the stakes just got a lot higher than they were on October 20 when this lawsuit was first filed.
By late December, we'll know whether the federal government is coming to Hawaii to join this fight.