[Sabertooth]

The Ninth Circuit Court of Appeals having ruled on Proposition 187...

No, Proposition #187 never got that far. US District Judge Mariana Pfaelzer sat on it for most of Pete Wilson's second term before throwing #187 out, thereby enabling the soon-to-be-elected Gray Davis to arbitrate it out of existence in a gross abuse of gubernatorial power.

[DoughtyOne]

I'm not entirely sure you're wrong on that. Perhaps you aren't. The battle cry for about five years has been to appeal this to the Supreme Court. I thought the Prop had been addressed by the Ninth Circuit Court.