Prop 187 was not thrown out by the courts and it was never appealed either -- a deal was made. A lone federal judge is as far as it got -- and that judge sat on Prop 187 until just before an opponent of Prop 187 was elected governor (1998).
California voters on November 8 (1994) voted 59 to 41 percent to approve Proposition 187.
A federal judge immediately blocked the implementation of virtually all sections of Prop. 187
Liberals including a lot of Hispanic folks railed against the passage of Prop 187
Mexican President Carlos Salinas declared that Mexico was pleased with the federal court's rejection of Prop. 187. Ernesto Zedillo who succeeded Salinas agreed.
Bill Bennett, Jack Kemp, and other Republicans (including Jeb Bush if I remember correctly) attacked California Republican Governor Wilson for supporting Prop. 187. Ref: here
The Republican Wilson Administration tried several ways to get the federal judge to do something! The judge was sitting on the case. "The Wilson Administration sued [Jan. 1995] to have the constitutionality of Prop. 187 determined first in California state courts, thereby removing the case from a Los Angeles federal judge who has issued an injunction blocking Prop. 187's implementation." Ref. here
Almost three years later November 1997, US District Court Judge Mariana R. Pfaelzer finally ruled: "California is powerless to enact its own legislative scheme to regulate immigration. It is likewise powerless to enact its own legislative scheme to regulate alien access to public benefits." Ref. here
Democrat Gray Davis was elected governor in 1998. An opponent of Prop 187 it was his administration that arranged a settlement and refused to appeal the federal district court's decision; to wit,
"The federal judge who issued an injunction in 1994 blocking the implementation of Proposition 187 approved a settlement in September 1999 between the state and groups that challenged the initiative, ending litigation—the settlement will block implementation of all parts of Proposition 187 except for those providing penalties to persons caught making false documents. Proposition 187, approved by voters 59-41 percent in 1994, would have created a state-run screening system to prevent unauthorized children from receiving tuition-free K-12 schooling and unauthorized residents from receiving state-funded public benefits." Ref. here
NOTE: the agreement was between the state [Gov. Davis] and groups that challenged the initiative there were no proponents of Prop 187 invited, if I remember correctly.
Thus IMO no final decision on the constitutionality of Prop. 187 was ever rendered. No appeals court decision, no supreme court decision. Nothing but Prop 187 opponents' and one federal district judge's feeeeeeeeelings.
Now we're broke. Now we are "powerless" to comply with the deal made between ideological hacks.
Now what? Will Judge Pfaelzer, Gray Davis, liberal Republicans, Mexico, et al give us the money?
You are absolutely right on! As a Californian, I remember how we gathered votes for Prop 187, and a lone Judge, Marianna Feltzer (sp?) plus those who benefited from it, denied it, refusing to have it be adjudicated by the Supreme Court. California can’t pay it’s bills now. We are in debt by the billions.