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Appeals court upholds Calif. affirmative action ban


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appeals-court-upholds-calif-affirmative-action-banWashington Examiner:

A federal appeals court on Monday rejected a bid by minority students to overturn California’s ban on affirmative action in admissions to state colleges and universities, saying the 1996 initiative approved by California voters already had passed the court’s legal muster.

Ralph Kasarda, an attorney for the Pacific Legal Foundation, said that “today’s ruling is good news for everyone who values fairness and equal opportunity.”

“If the people who brought this lawsuit are genuinely opposed to discrimination in university admissions, as they claim, they should be supporting Proposition 209 and its crystal-clear ban on discriminatory policies, not trying to tear them down,” Mr. Kasarda said.

The lawsuit, filed by the liberal group By Any Means Necessary on behalf of more than 40 black and Hispanic students, argued that the court should revisit its 1997 decision upholding the law because 15 years in effect shows discrimination against minority students.

The group argued that black, Hispanic and American Indian students from high school programs that offer insufficient preparation cannot compete effectively for University of California system slots.

A three-judge panel of the 9th U.S. Circuit Court of Appeals disagreed unanimously. It ruled that the earlier court decision “considered the very scenario Plaintiffs now allege” of declining minority enrollment, and thus there is no new case against Proposition 209.Scissors-32x32.png


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Wow. This is a little hidden piece of good news. From the 9th circuit court no less?!? More icebergs in hell.

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