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California: Judge Upholds Racial Quotas for Highway Contracts
thenewspaper.com ^ | 04/08/2011 | n/a

Posted on 04/09/2011 7:35:42 AM PDT by Ken H

Federal judge approves set asides and racial quotas for transportation contracts in California.

A federal judge last week granted the California Department of Transportation (Caltrans) the right to discriminate against white business owners and men when awarding contracts. The Pacific Legal Foundation had filed suit against the department on behalf of the Associated General Contractors (AGC) of San Diego, insisting that its racial quota program violated the voter-approved Proposition 209 prohibition on race- and sex-based preferences in public contracting, employment and education. US District Court Judge John Mendez weighed the arguments, denied the Pacific Legal Foundation's motion and granted summary judgment in favor of Caltrans.

"This decision affirms that Caltrans' efforts to level the playing field are constitutionally sound and will ensure that billions of dollars in federal transportation funds continue flowing to California," Caltrans Director Cindy McKim said in a statement Wednesday. "We will continue to reach out to disadvantaged businesses and hope our program serves as a model for other states to follow."

In March 2009, Caltrans announced it would implement a "mandatory race conscious Disadvantaged Business Enterprise (DBE) Program" that set aside 6.75 percent of federal-aid project contracts for blacks, Asians and Indians -- but not Hispanics or "subcontinent Asian males." AGC member companies -- the San Diego chapter represents 1300 firms -- complained that under the program, they lost out on business despite offering higher quality services at better prices. A similar program had been struck down as illegal in 2006, but Caltrans officials worked with the Obama administration looking for a way around the law. The US Department of Transportation issued a letter stating that California would lose federal highway funds if it did not implement a quota system. This triggered an escape clause in Proposition 209 that allows discrimination to avoid losing federal money.

Caltrans argued it was remedying discrimination against minorities and women with the DBE program because these groups only received three percent of the contracts under race-neutral policies. The Pacific Legal Foundation was outraged by the decision and is considering an appeal.

"What makes the judge's decision particularly disappointing is that briefing had only been completed seven days before the date set for oral argument, making it unlikely that the court thoroughly examined the complete record under the exacting requirements of strict scrutiny -- which is the court's duty in such cases," the foundation explained.


TOPICS: Government; News/Current Events
KEYWORDS: agc; caltrans; dbe; dot; johnmendez; obama; prop209; quotas; racism; reverseracism
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1 posted on 04/09/2011 7:35:43 AM PDT by Ken H
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To: Ken H

The quality of the work means nothing. It’s the skin tone of the workers that really matters. No wonder our “infrastructure” is going to hell. This “judge” needs his ass kicked.


2 posted on 04/09/2011 7:40:47 AM PDT by FlingWingFlyer (Don't wait until the next "threatened" government shut down! Visit a National Park today!!!)
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To: Ken H

The libs aren’t going to let a little thing like a voter-approved proposition or, Heaven Forbid, the Constitution, from interfering with their agenda.


3 posted on 04/09/2011 7:40:55 AM PDT by TruthShallSetYouFree (Obamacare: Not just dreck. Unconstitutional dreck.)
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To: Ken H

Caltrans is a racist organization.


4 posted on 04/09/2011 7:41:58 AM PDT by TaxPayer2000 (The United States shall guarantee to every state in this union a republican form of government,)
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To: Ken H
Mendez, John A.
Born 1955 in Oakland, CA

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of California
Nominated by George W. Bush on September 6, 2007, to a seat vacated by David F. Levi; Confirmed by the Senate on April 10, 2008, and received commission on April 17, 2008.

Education:
Stanford University, B.A., 1977
Harvard Law School, J.D., 1980

Professional Career:
Private practice, California, 1980-1984, 1986-1992, 1993-2001
Assistant U.S. attorney, United States Attorney's Office, Northern District of California, 1984-1986
U.S. Attorney for the Northern District of California, 1992-1993
Judge, Sacramento County Superior Court, California, 2001-2008

5 posted on 04/09/2011 7:42:51 AM PDT by SmithL (No one puts the func in dysfunctional like the California Legislature)
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To: FlingWingFlyer

California deserves highways build by gangs of black lesbian illegal aliens. As long as they are proud union members of course.


6 posted on 04/09/2011 7:43:13 AM PDT by bitterohiogunclinger (Proudly casting a heavy carbon footprint as I clean my guns ---)
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To: Ken H

UNKO, when the laws are written with caviats that completely over ride their meaning, you have no law. So, let me get this straight, the (.)bama DOT said they would lose federal funding if they did not have a race discriminatory contracting letting procedure. So, the judge says, ok, therefore our state constitution has no say in this. When did federal REGULATION supercede a state’s constitution, yeah I know state law is below federal law BUT, this is not a law, it is a regulation. Somehow the 10th should be supreme here. Anyway, day by day we keep getting closer to Rev 2, in fact, we are in the final seconds count down.


7 posted on 04/09/2011 7:44:09 AM PDT by Mouton (Government expands to fill any voids in freedom.)
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To: Mouton

We have no law and we have no courts.


8 posted on 04/09/2011 7:49:11 AM PDT by Luke21
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To: Ken H

Does this even make the news? I live and work in L.A. It’s pretty much wets vs whites here. Thank you so much white-guilt ridden liberals. You gave up our country to foreigners who hate us.


9 posted on 04/09/2011 7:50:29 AM PDT by max americana ( NF)
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To: Mouton

“Assistant U.S. attorney, United States Attorney’s Office, Northern District of California, 1984-1986”...I wonder where he went off the rails...he worked, for a short time, for the best US Attorney I ever had the pleasure of working with: Joe Russinello. Had Russinello not taken on Bush I, Noriega would have walked.


10 posted on 04/09/2011 7:51:16 AM PDT by Mouton (Government expands to fill any voids in freedom.)
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To: Ken H
Maybe they should build lanes by race with each group benefiting by the efforts of their own. sarc/ Isn't multiculturalism great?
11 posted on 04/09/2011 7:54:02 AM PDT by Truth29
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To: Ken H

Here’s a novel concept. How about the company that does the best work for the best possible price gets the job.


12 posted on 04/09/2011 7:58:06 AM PDT by headstamp 2 (We live two lives, the life we learn and the life we live with after that.)
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To: Ken H
In the case, Pigs vs. Animal Farm Critters, the judge ruled that "while all animals are created equal, some are more equal than others."
13 posted on 04/09/2011 7:58:42 AM PDT by IronJack (=)
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To: Mouton

This decision will now be appealed to the 9th Circuit, where it will be upheld. Then, God Willing, it will be heard by the Supreme Court which will vote 5-4 to dump.


14 posted on 04/09/2011 8:00:29 AM PDT by Melchior
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To: Ken H
Same ol' shit:

Get Whitey's money, and give it to the minorities....nothing ever changes.

15 posted on 04/09/2011 8:01:13 AM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Ken H

Well, this explains the highway 92 / 880 interchange that’s been a construction nightmare for years now.

Where the Japanese had their roads repaired in 6 DAYS after the tsunami, we have to go year, after year, after year of traffic jams and no perceptible progress on this heavily traveled route.

We are no longer a state that can do anything. Ugh.


16 posted on 04/09/2011 8:01:41 AM PDT by Tigerized (pursuingliberty.com)
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To: Melchior

From your keyboard to God’s ears.


17 posted on 04/09/2011 8:16:27 AM PDT by Mouton (Government expands to fill any voids in freedom.)
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To: Ken H

Just more liberal activism from the bench in Taxifornia. The state is dead — just another liberal crap-pot, overrun by illegals and deadbeats that want to steal from what producers are left in the state. Businesses and taxpayers are leaving the state in record numbers, and the libs in Sacramento do not care. Sales taxes are well over 10% in some areas.

The Midas touch of liberalism has destroyed Taxifornia. And the scumbags that are left keep voting the liberals back into control. RIP Taxifornia. Once a great state.


18 posted on 04/09/2011 8:17:46 AM PDT by EagleUSA
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To: TruthShallSetYouFree
Caltrans argued it was remedying discrimination against minorities and women with the DBE program because these groups only received three percent of the contracts under race-neutral policies

So when contracts are awarded fairly, they don't like the outcome.We truly are living in an insane asylum.

19 posted on 04/09/2011 8:22:35 AM PDT by Right Brother
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To: Ken H

“disadvantaged businesses”

Same as “business that suck?”


20 posted on 04/09/2011 8:26:24 AM PDT by MarineBrat (Better dead than red!)
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To: Ken H
"This decision affirms that Caltrans' efforts to level the playing field are constitutionally sound and will ensure that billions of dollars in federal transportation funds continue flowing to California,"

How level is the playing field for the white male owned construction outfit that is declined a bid? Just askin'...

21 posted on 04/09/2011 8:28:21 AM PDT by hattend (Obama got his 3am call about Egypt. The call went right to the answering machine.- Sarah Palin)
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To: Ken H

This is just asinine.

They force you into hiring minorities. Not for their competence for their skin tone alone.

I once lost a $3 million dollar contract because I didn’t fully understand the impact of not hiring a MBE/WBE as an attachment to my proposal.

My proposal was superior in every way to all others and when I lost I was flumoxed.

So I called the University and was told I would have won had I only included a MBE/WBE.

Completely asinine.

The winner of the bid ended up being over budget and way over time to the point it cost the university and students a whole lot of time and their classes were severely impacted.

They called us up and wanted us to takeover. I told them they insisted on a minor and ridiculous point that caused this problem and I wasn’t interested in managing someone who wasn’t my employee, wasn’t trained by my team and probably wouldn’t work towards our expectations.

It took them another year before they finally finished the project.


22 posted on 04/09/2011 8:30:21 AM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Ken H

California is a mess and deserves whatever comes its way.


23 posted on 04/09/2011 8:30:23 AM PDT by VeeP22
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To: headstamp 2

Wish it worked like that but people in government are loons.

I once bid a job in Oakland and was informed I needed sign off on a prevailing wage approval form or whatever.

I asked what the prevailing wage was and it turned out to be $10 bucks an hour less than what I pay my guys.

I told them they were nuts. I exceeded prevailing wage but they insisted we sign off.

Friggin nightmare. I had already committed to the job and had to pay my guys prevailing wage.

I actually had to create a bonus for them so they would be fully paid.

It was a nightmare and took so much time to figure out how to legally pay them this stupid wage and still get them paid their fully hourly monies.

I never answered a bid in Oakland again and never will. They deserve inferior work.

We only do things according to standard and even then above standard.

There’s my way and everyone else’s way.

We only do it my way.


24 posted on 04/09/2011 8:36:51 AM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Ken H; All
(Obama's) US Department of Transportation issued a letter stating that California would lose federal highway funds if it did not implement a quota system. This triggered an escape clause in Proposition 209 that allows discrimination to avoid losing federal money.

Since the escape clause existed in 209, did this judge have much choice?

This quota scam enrages me. For a historical perspective, the Y/N by county on 1996's Prop 209, approved with a 10 point margin, only L.A. & the Bay Area voted no:


25 posted on 04/09/2011 8:39:17 AM PDT by newzjunkey (OBAMA & his DEMOCRAT allies are starving children & killing the elderly.)
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To: VeeP22
California is a mess and deserves whatever comes its way.

Umm, did you read the article? California voters approved the measure that prohibits racial preference in awarding contracts.

Californians have also voted correctly on English as the official language, English only taught in schools, no state aid for illegal immigrants, and others. It is judges who have struck down these measure.

26 posted on 04/09/2011 8:39:54 AM PDT by BigBobber
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To: Vendome

Mike Holmes, is that you?


27 posted on 04/09/2011 8:41:12 AM PDT by hattend (Obama got his 3am call about Egypt. The call went right to the answering machine.- Sarah Palin)
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To: Ken H

When the “justice system” fails to dispense
justice, alternative means of achieving justice
will be pursued. It remains to be seen how this
will play out.


28 posted on 04/09/2011 8:41:50 AM PDT by Myrddin
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To: TaxPayer2000

“Caltrans is a racist organization.”

Yes, and packed with incompetent green freaks.

FYI - Racist Asians have taken over Caltrans and ruined the once great department by embracing global warming and using affirmative action to discriminate.


29 posted on 04/09/2011 8:51:05 AM PDT by The4thHorseman
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To: All; Right Brother
when contracts are awarded fairly, they don't like the outcome.

That's exactly it.

They didn't like the outcome at the ballot box. They sued. They lost. They tried an end-run before, they were struck down. Obama gets in and his DOT conspired with them. And after 15 years of looking for ways to subvert the voters, their "end-run" is finally in place: institutionalized racism prevails!

The only way to stop this is a sweeping defeat of Obama and the Democrats in 2012.

30 posted on 04/09/2011 8:54:56 AM PDT by newzjunkey (OBAMA & his DEMOCRAT allies are starving children & killing the elderly.)
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To: Ken H

It isn’t profiling when they do it.


31 posted on 04/09/2011 8:55:27 AM PDT by Vaduz
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To: Ken H

There is plenty of liberals in California who would like to start a major push to drive out some of the more unwelcome minorities these days.

If it wasn’t for the government pushed quotas,the other preferential treatment that went to their way(at times),I don’t see Blacks ever being able to function in a State as shallow and biased as California.


32 posted on 04/09/2011 9:05:15 AM PDT by Del Rapier
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To: Ken H
I find it very interesting that they included Indians and Asians among the beneficiaries of these set-aside contracting rules, but not Hispanics -- in California, of all places.

Break out the popcorn, folks. The dirty little secret out there among Democrats is that there is a lot of simmering conflict between different minority groups that the left likes to pander to.

33 posted on 04/09/2011 9:06:05 AM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: The4thHorseman

Exactly what is happening across much of California,one ethnic group replaces the White population and then does everything to keep every other ethnic group out.The amazing thing is how original they think they are.


34 posted on 04/09/2011 9:06:53 AM PDT by Del Rapier
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To: Ken H

This is the type of ruling that a conquered people should expect. Whites having abdicated their right to govern must now learn to accept poverty, insults, assaults and an occasional dying for the amusement of others. As the Gaul said to the Roman: “Woe to the conquered!”


35 posted on 04/09/2011 9:08:52 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: BigBobber

Umm, did you read the article? California voters approved the measure that prohibits racial preference in awarding contracts.
***********

Well, “ummmm” the voters were ok with having liberals running that state into the ground for years, and “ummmm” voted Jerry back for more. So, “ummmmm” I blame the voters.


36 posted on 04/09/2011 9:17:30 AM PDT by VeeP22
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To: VeeP22; BigBobber

Look, ignore the facts all you want since you’re apparently on the “bash CA train”, or you’re reading comprehension challenged.

But that does not change the fact that FEDERAL JUDGES are the ones throwing CA into the toilet by overturning the will of the people.

If the people could only get the voter approved propositions upheld by FEDERAL COURTS, it neuters much of the liberals perceived power.

State elections are one thing, FEDERAL JUDGE appointments are another.


37 posted on 04/09/2011 9:39:46 AM PDT by SZonian (July 27, 2010. Life begins anew.)
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To: Melchior

SCOTUS ruled on this more than 10 years ago, in favor of the Colorado Springs company who brought suit after they lost contracts to hispanic company for guardrail projects.

Just goes to show that the battle against evil is a never ending battle.


38 posted on 04/09/2011 9:47:43 AM PDT by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
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To: Ken H

Couldn’ta seen that one comin’.


39 posted on 04/09/2011 9:48:25 AM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: Ken H
but Caltrans officials worked with the Obama administration looking for a way around the law.
Why follow some bothersome little thing such as a law when you can just find some way to get around it?
40 posted on 04/09/2011 9:56:13 AM PDT by Bob
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To: SZonian

Yeah, I’m on the “bash California train” and I’m “reading comprehension challenged”. Whatever. The fact is years of liberalism has destroyed that state and you can deny it or get angry as much as you want. These FEDERAL judges were judges in California before they became FEDERAL judges, and most likely were appointed by a liberal governor or voted for at one time by liberals.


41 posted on 04/09/2011 10:06:24 AM PDT by VeeP22
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To: traditional1

Where was this?


42 posted on 04/09/2011 10:09:37 AM PDT by POWERSBOOTHEFAN (Fear can hold you prisoner.Hope can set you free.(Shawshank Redemption))
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To: POWERSBOOTHEFAN

Detroit, MI.


43 posted on 04/09/2011 10:10:56 AM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Ken H

California, lol.


44 posted on 04/09/2011 10:11:21 AM PDT by Lancey Howard
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To: traditional1

I had a hunch but I wasn’t too sure.What a shock!


45 posted on 04/09/2011 10:12:35 AM PDT by POWERSBOOTHEFAN (Fear can hold you prisoner.Hope can set you free.(Shawshank Redemption))
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To: SZonian

What planet are you on? Oh yeah... Planet California.

It is the California Department of Transportation that instituted and defended anti-white racist policies. Just because some corrupt, activist federal judge acted as an enabler for California’s lawbreaking doesn’t let California off the hook for its self-destrcutive racist policies.


46 posted on 04/09/2011 10:16:06 AM PDT by Lancey Howard
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To: traditional1
Get Whitey's money, and give it to the minorities....

In exchange for votes, of course.
The most head-shaking thing in the world is that there are still some normal, white, working, traditional American families who vote Democrat, and it is often those votes that put a rat candidate over the top. You can't make this stuff up.

47 posted on 04/09/2011 10:19:49 AM PDT by Lancey Howard
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To: Right Brother
Caltrans argued it was remedying discrimination against minorities and women with the DBE program because these groups only received three percent of the contracts under race-neutral policies

So when contracts are awarded fairly, they don't like the outcome.We truly are living in an insane asylum.

I noticed that in the NFL, of the 60 starting cornerbacks, 60 of them are Black. Blacks make up about 12% of the overall population, yet they account for 100% of the cornerbacks in the NFL, a position where the average pay is close to a million bucks a year for half a year's work. I demand that the NFL hire slow, white, middle-aged cornerbacks. (If there still is an NFL.)

48 posted on 04/09/2011 10:43:28 AM PDT by TruthShallSetYouFree (Obamacare: Not just dreck. Unconstitutional dreck.)
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To: Ken H

Take it to the supreme court.
Quotas, its what brought you obammy folks.


49 posted on 04/09/2011 10:53:37 AM PDT by Joe Boucher
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To: Lancey Howard

-—Just because some corrupt, activist federal judge acted as an enabler for California’s lawbreaking doesn’t let California off the hook for its self-destrcutive racist policies—

Why blame the judge for following the law as written. No matter how assinine the law is, until it’s changed, the ruling has to follow the law. We see it every day.
Quotas are requirement for DOT federal funds. Prop 209 says if loss of federal funds are involved, quotas are okay. How else is a judge to rule.


50 posted on 04/09/2011 11:44:48 AM PDT by pacpam (action=consequence and applies in all cases - friend of victory)
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