Friday, April 18, 2014
YOLO COUNTY NEWS
99 CENTS

Court hears challenge to affirmative action ban

By
From page A1 | February 15, 2012 | 1 Comment

Demonstrators protest outside the U.S. 9th Circuit Court of Appeals after a panel heard arguments Monday in San Francisco. More than 15 years after California banned affirmative action, the court heard a legal challenge to the ban on considering race in public college admissions. AP photo

By Terence Chea

SAN FRANCISCO (AP) — Backers of affirmative action asked a federal appeals court Monday to overturn California’s 15-year-old ban on considering race in public college admissions, citing a steep drop in black, Latino and Native American students at the state’s elite campuses.

A three-judge panel of the U.S. 9th Circuit Court of Appeal heard arguments in the latest legal challenge to Proposition 209, the landmark voter initiative that barred racial, ethnic and gender preferences in public education, employment and contracting.

The affirmative action ban has withstood multiple challenges since voters approved it in 1996, but advocates say their campaign to overturn it has been bolstered by recent court decisions, as well as support from Gov. Jerry Brown.

Dozens of minority students backing the plaintiffs filled the courtroom for the hourlong hearing, when the justices questioned whether they should tamper with a 1997 ruling in which the same appellate court upheld Proposition 209.

Attorneys for the plaintiffs said affirmative action is needed to increase racial diversity at the University of California’s most prestigious campuses and professional schools.

“What you see before you is a new form of separate and unequal going on right before our eyes,” plaintiffs’ attorney George Washington told the three male justices.

Ralph Kasarda, who is defending Proposition 209, told the justices that the San Francisco-based appellate court was correct when it upheld the affirmative action ban.

“Proposition 209 guarantees everyone’s right to be treated fairly and not be discriminated against based on skin color or gender,” said Kasarda, an attorney for the Pacific Legal Foundation, which represented the sponsors of the 1996 ballot measure.

The complaint was filed in January 2010 by several dozen minority students and advocacy groups who say the ban violates the civil rights of black, Latino and Native American students. Those groups make up about half of California’s high school graduates, but much smaller percentages at UC’s most competitive campuses.

For example, at UC Berkeley, the current freshman class of California residents is roughly 1 percent Native American, 3.5 percent black, 15 percent Latino, 30 percent white and 48 percent Asian, according to UC data.

“As a state-serving institution, the university should reflect the demographics of California, and right now it doesn’t,” Magali Flores, 20, a third-year Latina student majoring in ethnic studies at UC Berkeley. ”Prop. 209 wants to pretend that race isn’t real.”

The court agreed to hear the case after U.S. District Judge Samuel Conti dismissed the lawsuit in December 2010. The California Supreme Court has twice ruled that Proposition 209 is constitutional.

Advocates say justices need to reconsider in light of recent court rulings on the issue.

In 2003, the U.S. Supreme Court ruled the University of Michigan Law School could consider race in admissions decisions to promote campus diversity.

Last year, a three-judge panel of the U.S. 6th Circuit Court of Appeals cited that ruling when it overturned Michigan’s affirmative action ban. The full appellate court has agreed to reconsider the case.

Brown joined the plaintiffs in arguing the affirmative action ban is unconstitutional.

The Associated Press

LEAVE A COMMENT

Discussion | 1 comment

The Davis Enterprise does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • Rich RifkinFebruary 15, 2012 - 10:27 am

    "The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." Nothing could be fairer to all individuals than Prop 209. Prospective students whose families are Native American, black, Latino or white and who have not done the work it takes to fairly get into a prestigious university, in place of filing lawsuits in order to game the system in their favor, should look at what those Asian-Americans are doing to qualify for their positions. The Cal students whose families originally came from China, Taiwan, Japan, Korea, Vietnam, Cambodia, India, Pakistan and so on ought to be seen as role models. Their families prioritize education. Their families prioritize hard work. Their families prioritize family. It's not complicated. If you look at students at Cal who are not Asians--those from the so-called underrepresented groups--I am sure you would find those blacks, whites, reds and browns came from families which stressed the same things that the Asians stress: education, family and hard work. Those non-Asians also should be seen as role models. If someone comes from a culture or subculture which does not prioritize education, hard work and family, then change your culture. The worst thing we can do for those who don't do what it takes to succeed is to lower the standards to let them in on the basis of racial or ethnic representation. Affirmative racism is racism. It takes away the need for failed cultures to change their own behaviors which cause failure. It also penalizes Asians who worked extremely hard to earn their places at top universities. The racism advocated in this lawsuit would take away the rightful places earned by those Asians whose efforts got them there.

    Reply | Report abusive comment
  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    Going green at church, school, everywhere

    By Special to The Enterprise | From Page: A1 | Gallery

     
    Former caretaker convicted of murder, elder abuse

    By Lauren Keene | From Page: A1, 4 Comments | Gallery

    Old friend helps Brad and others find kidneys

    By Dave Jones | From Page: A1 | Gallery

     
    Chuck Rairdan joins school board race

    By Jeff Hudson | From Page: A1, 2 Comments

     
    Ukraine insurgents reject call to quit buildings

    By The Associated Press | From Page: A2, 4 Comments

     
    For the record

    By Enterprise staff | From Page: A2

    UCD to host Global Health Day event

    By Cory Golden | From Page: A2

     
    Need a new best friend?

    By Enterprise staff | From Page: A3 | Gallery

     
    ‘Hitchhiking’ dog looking for new home

    By Lauren Keene | From Page: A3 | Gallery

     
    Online K-12 school holds info night

    By Enterprise staff | From Page: A4

    Volkssporting Club plans North Davis walks

    By Enterprise staff | From Page: A4

     
    Schwenger lawn signs available

    By Anne Ternus-Bellamy | From Page: A4

    Volunteers needed for Grad Night

    By Enterprise staff | From Page: A4

     
    Davis grad makes rain collection a business

    By Jason McAlister | From Page: A4 | Gallery

    A few spots left on history tour

    By Enterprise staff | From Page: A4

     
    Chipotle fundraiser boosts Emerson tech upgrade

    By Enterprise staff | From Page: A4

    Event to provide nature scholarship

    By Enterprise staff | From Page: A4

     
    Students have new options on leasing front

    By Enterprise staff | From Page: A5 | Gallery

    Groups join for a day of service

    By Special to The Enterprise | From Page: A7

     
    NAMI backers walk in Sacramento

    By Special to The Enterprise | From Page: A8

     
    Food for the hungry

    By Enterprise staff | From Page: A10

    .

    Forum

    Dad makes mom look bad

    By Special to The Enterprise | From Page: B5

     
    Early help is a great investment

    By Letters to the Editor | From Page: A6

    More tax money? Answer the question

    By Rich Rifkin | From Page: A6, 4 Comments

     
    UCD IS responsible for students

    By Letters to the Editor | From Page: A6, 4 Comments

     
    Tom Meyer cartoon

    By Debbie Davis | From Page: A6

    In search of great ideas

    By Letters to the Editor | From Page: A6, 1 Comment

     
    Please keep the nursery open

    By Letters to the Editor | From Page: A6, 1 Comment

    .

    Sports

    Sharks double up Kings in Game 1

    By The Associated Press | From Page: B1

     
    Aggies lose a slugfest in opener at Riverside

    By Enterprise staff | From Page: B1

    Fox coming to UCD; Riffle heads to Florida

    By Bruce Gallaudet | From Page: B1

     
    DHS’ Golston goes full-bore on the diamond

    By Thomas Oide | From Page: B1 | Gallery

    Devils show more life in loss to Mitty

    By Enterprise staff | From Page: B1

     
    DYSA roundup: Intensity has big week; 10U games dominate schedule

    By Enterprise staff | From Page: B2 | Gallery

    Sports briefs: Aggies set the academic bar high

    By Enterprise staff | From Page: B8 | Gallery

     
    Pro baseball roundup: Susac sends Sacramento to a rare loss

    By The Associated Press | From Page: B8

    .

    Features

    .

    Arts

    ‘Transcendence’: A whole new level of tedium

    By Derrick Bang | From Page: A11 | Gallery

     
    ‘The Bloom’ paves way for Whole Earth Festival

    By Enterprise staff | From Page: A11

    DHS tribute to Tony Fields slated for April 25-26

    By Enterprise staff | From Page: A11

     
    UCD, city team up for Music on the Green

    By Enterprise staff | From Page: A11

    .

    Business

    Ford turns its Focus to domestic market

    By Ali Arsham | From Page: B3 | Gallery

     
    .

    Obituaries

    .

    Comics

    Comics: Friday, April 18, 2014

    By Creator | From Page: A9

     
    .

    Real Estate Review

    Featured Listing

    By Zack Snow | From Page: RER1

    Professional Services Directory

    By Zack Snow | From Page: RER2

    Lyon Real Estate

    By Zack Snow | From Page: RER3

    Acacia at Huntington Square

    By Zack Snow | From Page: RER4

    Jamie Madison

    By Zack Snow | From Page: RER4

    Yolo FCU

    By Zack Snow | From Page: RER4

    Travis Credit Union

    By Zack Snow | From Page: RER5

    Kim Eichorn

    By Zack Snow | From Page: RER6

    Suzanne Kimmel

    By Zack Snow | From Page: RER6

    Lynne Wegner

    By Zack Snow | From Page: RER7

    Kim Merrel Lamb

    By Zack Snow | From Page: RER7

    Patricia Echevarria

    By Zack Snow | From Page: RER8

    Chris Snow

    By Zack Snow | From Page: RER8

    Andrew Dowling

    By Zack Snow | From Page: RER9

    Sheryl Patterson

    By Zack Snow | From Page: RER9

    Don Guthrie

    By Zack Snow | From Page: RER9

    Coldwell Banker

    By Zack Snow | From Page: RER10

    Coldwell Banker

    By Zack Snow | From Page: RER11

    Heather Barnes

    By Zack Snow | From Page: RER12

    Julie Partain & Dick Partain

    By Zack Snow | From Page: RER12

    Malek Baroody

    By Zack Snow | From Page: RER13

    Karen Waggoner

    By Zack Snow | From Page: RER14

    Willowbank Park

    By Zack Snow | From Page: RER14

    Team Traverso

    By Zack Snow | From Page: RER15

    Julie Leonard

    By Zack Snow | From Page: RER15

    Tim Harrison

    By Zack Snow | From Page: RER15

    Tracy Harris

    By Zack Snow | From Page: RER16

    Lori Prizmich

    By Zack Snow | From Page: RER16

    Joe Kaplan

    By Zack Snow | From Page: RER17

    Raul Zamora

    By Zack Snow | From Page: RER17

    Coldwell Banker

    By Zack Snow | From Page: RER18

    Open House Map

    By Zack Snow | From Page: RER19

    F1rst Street Real Estate

    By Zack Snow | From Page: RER20