Hawaii v. Gordon, 373 U.S. 57 (1963)

Hawaii v. Gordon


No. 12, Original


Argued April 15, 1963
Decided April 29, 1963
373 U.S. 57

ON BILL OF COMPLAINT

Syllabus

The State of Hawaii filed this original action against the Director of the Bureau of the Budget under Art. III, § 2, of the Constitution, seeking to obtain an order requiring him to (1) withdraw his advice to federal agencies that § 5(e) of the Hawaii Statehood Act, which provides for the conveyance to the State of land "no longer needed by the United States," does not apply to lands obtained by the United States through purchase, condemnation or gift; (2) determine whether a certain tract of land in Hawaii acquired by the United States through condemnation was "needed by the United States"; and (3) convey this land, if not needed, to Hawaii.

Held: the complaint is dismissed, because this is a suit against the United States, which has not consented to the maintenance of such a suit against it. Pp. 57-58.

Complaint dismissed.