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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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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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To: VeeP22

Again, reading comprehension is failing you.

Up thread, “Nominated by George W. Bush on September 6, 2007”.

Casting stones from the comfort of your couch must be quite a hobby.


51 posted on 04/09/2011 12:22:34 PM PDT by SZonian (July 27, 2010. Life begins anew.)
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To: Lancey Howard

Meh, the judge had a chance to kill it, he didn’t.

Your ad hominem notwithstanding.


52 posted on 04/09/2011 12:26:37 PM PDT by SZonian (July 27, 2010. Life begins anew.)
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To: SZonian

Yea I love casting stone from my couch, it’s my hobby, and my reading comprehension is failing me too and whatever other lame insults you want to sling, the fact remains California is a liberal cesspool fast becoming a third world nation thanks to the libs and if you happen to take it personally like you seem to be, then tough toenails.


53 posted on 04/09/2011 12:33:50 PM PDT by VeeP22
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