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Judge upholds California's affirmative action ban
AP via CoCo Times ^ | 12/9/10

Posted on 12/09/2010 8:02:56 AM PST by SmithL

SAN FRANCISCO -- A federal judge on Wednesday dismissed a lawsuit challenging California's voter-approved ban on affirmative action in public university admissions.

U.S. District Judge Samuel Conti ruled against the challenge to Proposition 209, which barred racial, ethnic or gender preferences in public education, employment and contracting.

The plaintiffs argued that the law violated the civil rights of black, Latino and Native American students whose numbers have been reduced at the University of California's most prestigious campuses, particularly UCLA and UC Berkeley, since the ban passed in 1996.

(Excerpt) Read more at contracostatimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: California
KEYWORDS: affirmativeaction; prop209; racialequality

1 posted on 12/09/2010 8:02:59 AM PST by SmithL
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Conti, Samuel
Born 1922 in Los Angeles, CA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by Richard M. Nixon on October 7, 1970, to a new seat created by 84 Stat. 294; Confirmed by the Senate on October 13, 1970, and received commission on October 16, 1970. Assumed senior status on November 1, 1987.

Education:
University of Santa Clara, B.S., 1945
Stanford Law School, LL.B., 1948

Professional Career:
U.S. Army
Private practice, San Francisco, California, 1948-1967
Chairman, Civil Service Board of Appeals, Pittsburg, California, 1956-1958
City attorney, Concord, California, 1960-1969
Superior court judge, Contra Costa County, California, 1968-1970

2 posted on 12/09/2010 8:03:25 AM PST by SmithL (Schwarzenegger's legacy is his broken promise to blow up boxes in Sacramento!)
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To: SmithL

How many freaking times does this have to be upheld? Are these race-fanatics allowed to keep challenging this indefinitely?


3 posted on 12/09/2010 8:05:59 AM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: SmithL

California and Michigan occasionally lead in the right direction.


4 posted on 12/09/2010 8:07:02 AM PST by cripplecreek (Remember the River Raisin! (look it up))
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To: SmithL

“...I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. ...”

Martin Luther King
Washington, DC, August 28, 1963


5 posted on 12/09/2010 8:07:35 AM PST by ElkGroveDan (He's not the Messiah, he's a very naughty boy!)
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To: ElkGroveDan
they will not be judged by the color of their skin but by the content of their character

That's just crazy talk! - Liberals
6 posted on 12/09/2010 8:18:25 AM PST by TSgt (Colonel Allen West & Michele Bachman - 2012 POTUS Dream Team Ticket!)
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To: Hacklehead
All the young brothers want the same deal Obama got. Remember that when Obama went to Harvard racial quotas were still legal.

He got in and eventually graduated because of those quotas, in spite of being in a self confessed “cocaine induced fog” the whole time he was there.

7 posted on 12/09/2010 8:43:50 AM PST by TexasFreeper2009 (Obama = Epic Fail)
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To: SmithL

Affirmative action was illegal and unconstitutional from the moment it was passed. Enforcement of the law was illegal and unconstitutional. It must stop!


8 posted on 12/09/2010 8:47:53 AM PST by Leftism is Mentally Deranged (Liberalism is against human nature. Practicing liberalism is detrimental to your mental stability.)
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To: Hacklehead
How many freaking times does this have to be upheld?

Until the loony left get the decision overturned, then that becomes settled law and not subject to appeal.

9 posted on 12/09/2010 8:59:54 AM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Hacklehead
Are these race-fanatics allowed to keep challenging this indefinitely?

It is simply a matter of time. They will revise their complaint until they hit on a sympathetic judge.

Notice the bio upthread of the judge in this decision.
Born in 1922, WWII Army, Stanford Law 1945-48 which had a lot of members in the student body with first hand experience in the realities of the world, seasoned attorney etc.

Compare that background with O's last two nominations to the USSC to say nothing of those to the lower federal courts and one can see the trend.

10 posted on 12/09/2010 9:11:16 AM PST by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: SmithL

The plaintiffs argued that affirmative action ain’t profiling.


11 posted on 12/09/2010 9:48:12 AM PST by Vaduz
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To: TexasFreeper2009

Correction: Obama “allegedly” went to Harvard


12 posted on 12/09/2010 10:16:32 AM PST by eyeamok
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To: SmithL

Shouldn’t a Real Judge be putting these Attorneys in Jail for Contempt?? 14 years and still trying to undo the will of the people, seems to me that it is frivolous at best and at the very least CONTEMPT for We the People , which should be a JAILABLE offense and immediate and permanent Disbarment.


13 posted on 12/09/2010 10:20:01 AM PST by eyeamok
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To: Hacklehead

The case was dismissed. The court did not hear it, ergo there was no “upholding” the ban. The outcome you desire (dismissal) was enacted by the judge.


14 posted on 12/09/2010 10:28:29 AM PST by Justa
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To: Leftism is Mentally Deranged
I could not agree more with your observation on this issue. That being said it was not a raging liberal who introduced this idea into the political lexicon but none other than President Nixon himself. Affirmative action is a pox on this nation and should be completely eliminated and replaced by what it succeeded. That being merit and individual initiative.
15 posted on 12/09/2010 11:25:25 AM PST by RU88 (Bow to no man)
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To: Justa

“The case was dismissed. The court did not hear it, ergo there was no “upholding” the ban. The outcome you desire (dismissal) was enacted by the judge”

Tell that to the guy who wrote the headline. Despite the nitpicking, the question remains. How often can they continue to challenge this?


16 posted on 12/09/2010 11:31:48 AM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: SmithL

Finally , a judge who listens to the people of California.


17 posted on 12/09/2010 12:20:01 PM PST by ridesthemiles
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To: Ernest_at_the_Beach; Swordmaker; AdmSmith; Arthur Wildfire! March; Berosus; bigheadfred; ColdOne; ..
Proposition 209, which barred racial, ethnic or gender preferences in public education, employment and contracting. The plaintiffs argued that the law violated the civil rights of black, Latino and Native American students whose numbers have been reduced at the University of California's most prestigious campuses, particularly UCLA and UC Berkeley, since the ban passed in 1996.
Yeah, no sh!t. The numbers had been artificially high based on something other than academic achievement etc.


18 posted on 12/09/2010 6:13:04 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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