In March 2002, Burgess teamed up again with another attorney, Patrick W. Hanifin, to file a second lawsuit, Arakaki v. Lingle, on behalf of 16 plaintiffs challenging the constitutionality of OHA and the Hawaiian Homes Commission Act, demanding they be dismantled.
In August 2005, a 2 to 1 decision by the U.S. Ninth Circuit Court of Appeals reversed Mollway, finding that state taxpayers had standing to challenge appropriation of tax moneys to OHA.
As to Plaintiffs' trust beneficiary claims, the Solicitor General argued that the HHCA and Admission Act "extinguished any trustee role that the United States might once have had".
In 1999 Burgess and his wife created the Aloha for All website to spread their message that every citizen of Hawaii is entitled to the equal protection of the laws whatever his or her ancestry.
On August 14, 2005, Honolulu Advertiser reported that Burgess was both lead attorney for Aloha for All and legal counsel for the Grassroot Institute of Hawaii, a second non-profit that had lobbied against the Akaka Bill.