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Appeals court upholds California affirmative action ban in state university admissions
AP/Washington Post ^ | April 2, 2012 | AP

Posted on 04/02/2012 1:29:20 PM PDT by WilliamIII

Affirmative action proponents took a hit Monday as a federal appeals court panel upheld California’s ban on using race, ethnicity and gender in admitting students to public colleges and universities.

The ruling marked the second time the 9th U.S. Circuit Court of Appeals turned back a challenge to the state’s landmark voter initiative, Proposition 209, which was passed in 1996.

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Affirmative action proponents, who had requested that the court reconsider its 1997 decision after the U.S. Supreme Court ruled in 2003 that affirmative action could be used in college admissions, said they would continue fighting.

“We think the decision is wrong,” said Detroit attorney George B. Washington, who is representing the group of minority students and advocacy groups that filed the latest challenge in January 2010.

Washington said he would ask the full appellate court to review the case since this decision was issued by a three-judge panel.

In its ruling, the court rejected the plaintiffs’ arguments that a new ruling is needed and said the previous decision still applies.

Ralph Kasarda, attorney with the Pacific Legal Foundation who had argued in favor of the ban, said the court’s decision was not surprising since the issue had already been decided. This case was redundant and baseless, he said.

“The bottom line from both decisions by the 9th Circuit — today’s and the ruling 15 years ago — is that California voters have every right to prohibit government from color-coding people and playing favorites based on individuals’ sex or skin color,” Kasarda said in a statement.

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


TOPICS: Constitution/Conservatism; US: California
KEYWORDS: 9thcircuit; 9thcircus; affirmativeaction; california; carolliu; collegeadmissions; lacanadaflintridge; lelandyee; prop209; proposition209; quotas; racenorming; sanfrancisco; sca5; tedlieu; torrance

1 posted on 04/02/2012 1:29:23 PM PDT by WilliamIII
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To: WilliamIII

Good. I hope that I live to see the whole d*mn house of cards come tumbling down.


2 posted on 04/02/2012 1:36:09 PM PDT by mrsmel
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To: mrsmel

This is from the 9th Circus? Still my beating heart.


3 posted on 04/02/2012 1:38:27 PM PDT by VA_Gentleman ("Poor Al Gore. Global warming completely debunked via the very internet you invented." -Jon Stewart)
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To: WilliamIII
Sure to add fuel to the hoodie crowd demanding 'justice'.
4 posted on 04/02/2012 1:41:21 PM PDT by The KG9 Kid
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To: VA_Gentleman

Ya, I can’t believe it either. The 9th Circus upheld this ban on affirmative action? The 9th Circus voted the “wrong” way on a case of affirmative action?


5 posted on 04/02/2012 1:44:20 PM PDT by Dilbert San Diego
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To: VA_Gentleman

Perhaps the infux of illegals from Arizona is having an impact even on the liberal elites. I hope that’s the case. No one deserves it more.


6 posted on 04/02/2012 1:45:29 PM PDT by mrsmel
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To: VA_Gentleman

The 9th Circus, like a broken clock, is right once a day.

(I switch to military time when the 9th is involved)


7 posted on 04/02/2012 1:49:27 PM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: mrsmel

Bout time! want equality...got it. Admissions based on grades not skin color or sex. Shocking ruling by the 9th cirucit!


8 posted on 04/02/2012 1:50:20 PM PDT by katiedidit1 ("This is one race of people for whom psychoanalysis is of no use whatsoever." the Irish)
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To: WilliamIII

They are already finding ways around this. Saying they will give preferences to those who are poor, or struggling or have an interesting “story”. They will be more vague about the criteria, of course.


9 posted on 04/02/2012 1:52:27 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: katiedidit1

Unfortunately, it’s my understanding that the universities are looking for back-door ways around this. Anything to keep a deserving white kid out-but on the other hand, all they’re missing is an expensive indoctrination in most cases.


10 posted on 04/02/2012 1:55:06 PM PDT by mrsmel
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To: WilliamIII

Holy Horseapples! The NINTH District Kourt of Komrades upheld it? Be still my beating heart!

They knew that once it got to the Supremes they would be taking another well deserved trip to the woodshed.


11 posted on 04/02/2012 2:12:10 PM PDT by Cyman
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To: WilliamIII

What’s sup?

Can they expect a visit from the D.I.C.K-T.A.T.E.R?


12 posted on 04/02/2012 2:16:33 PM PDT by TribalPrincess2U (Anyone not wanting an ID or purple thumb to vote isn't worthy of voting privilege.)
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To: WilliamIII

Thank you Ward Connelly. An unheralded hero.


13 posted on 04/02/2012 2:33:27 PM PDT by pacpam (action=consequence and applies in all cases - friend of victory)
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To: WilliamIII

The 9th? What?


14 posted on 04/02/2012 3:12:12 PM PDT by Psycho_Bunny (Burning the Quran is a waste of perfectly good fire.)
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To: WilliamIII

Affirmative Action is alive and well in the state of California.

HACLA (Housing Authority of the City of Los Antgeles)
http://www.hacla.org/business/
“The HACLA also actively outreaches to Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs) in fulfillment of its policy of promoting contracting opportunities for such businesses.”

This is an Agenda 21 housing project.

My own 9 year old daughter was denied Magnet placement just today because “All information on Magnet program application is subject to verification, including that pertaining to the student’s ETHNICITY and resident address, which will be verified by school personnel.”

Now don’t go reading anything into this, I mentioned the Magnet program solely on illustrating that there is an ethnicity affirmative action currently in the state of California.


15 posted on 04/02/2012 3:14:15 PM PDT by Haddit
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To: Haddit

I could see California heralding these false victories against race-based affirmative action simply as a ploy to keep white Americans in the state. Like NJ, CA has a problem whereas many white Americans are fleeing, and like NJ what is left behind (illegal aliens and the permanent underclass with their hands outstretched) don’t pay taxes.


16 posted on 04/02/2012 10:25:23 PM PDT by kearnyirish2
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To: Dilbert San Diego

This ruling was decided by only 3 justices of the 9th Circus, and only 2 of them had to be normal, thinking human beings for the ruling to be sane. The odds are a little long that this case landed in the lap of perhaps the only 2 normal, thinking human beings to climb out of that 9th Circus clown car, but certainly not impossible.


17 posted on 04/02/2012 10:37:46 PM PDT by Lancey Howard
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To: Psycho_Bunny; Cyman; Abathar
I wouldn't get too excited about the 9th Circus.

Washington said he would ask the full appellate court to review the case since this decision was issued by a three-judge panel.

This ruling was decided by only 3 justices of the 9th Circus, and only 2 of them had to be normal, thinking human beings for a sane 2 - 1 ruling. The odds are a little long that this case landed in the lap of perhaps the only 2 normal, thinking human beings to climb out of that 9th Circus clown car, but certainly not impossible.

Let's see how the full bench rules.

18 posted on 04/02/2012 10:46:11 PM PDT by Lancey Howard
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To: pacpam

“Thank you Ward Connerly. An unheralded hero.”

I actually just started reading Connerly’s first book (”Creating Equal”) tonight— I like it so far. I had not heard of him before, but a FReeper mentioned him favorably in the company of Thomas Sowell and Walter E. Williams, so I checked the library.


19 posted on 04/02/2012 11:51:37 PM PDT by sthguard (The DNC theme song: "All You Need is Guv")
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