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Court hears challenge to CA affirmative action ban
AP/CBS News ^ | Feb 13, 2012 | AP

Posted on 02/13/2012 2:07:04 PM PST by WilliamIII

AP) SAN FRANCISCO — 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 hour-long 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.

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


TOPICS: Breaking News; Constitution/Conservatism; Government; US: California
KEYWORDS: affirmativeaction; california; carolliu; lacanadaflintridge; lelandyee; prop209; proposition209; quotas; racenorming; racism; sanfrancisco; sca5; tedlieu; torrance

1 posted on 02/13/2012 2:07:06 PM PST by WilliamIII
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To: WilliamIII

Good. Let’s make it mandatory that only affirmative action pilots control the Obamaloon and friend’s planes, only affirmative action doctors service congresscritter’s “Cadillac” health plans, and only affirmative action engineers design electronics and software that liberals use.

Heh!


2 posted on 02/13/2012 2:15:16 PM PST by Da Coyote
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To: WilliamIII

Sigh, here we go again: some minorities whining about race again.


3 posted on 02/13/2012 2:16:39 PM PST by cloudmountain
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To: WilliamIII

So basically a leftist judge gets to decide if it is illegal to NOT descriminate against white people.


4 posted on 02/13/2012 2:19:17 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: GeronL

Wrong. A leftist judge gets to decide if it is illegal to NOT descriminate against Asians.


5 posted on 02/13/2012 2:22:43 PM PST by douginthearmy (Obamagebra: 1 job + 1 hope + 1 change = 0 jobs + 0 hope)
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To: WilliamIII

“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. “

groan..If you have the money for tuition and the grades, race is the last thing on the admission rep’s mind. I went to meet a friend of mine at UCLA 2 weeks back, and I rarely saw a white guy.


6 posted on 02/13/2012 2:29:18 PM PST by max americana (Buttcrack Obama is an idiot)
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To: douginthearmy

I guess the white thing has already been okay’d


7 posted on 02/13/2012 2:33:36 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Da Coyote
Good. Let’s make it mandatory that only affirmative action pilots control the Obamaloon and friend’s planes, only affirmative action doctors service congresscritter’s “Cadillac” health plans, and only affirmative action engineers design electronics and software that liberals use.

Heh!

Let's also make it mandatory that NBA teams and hip-hop record labels have to have the proportional number of whites and asians that the country as a whole has.

8 posted on 02/13/2012 2:37:59 PM PST by YankeeReb
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To: WilliamIII

Friend of mine went to med school up at Michigan State years ago. When he did his internship he was very outspoken about what he encountered there, I was shocked how blunt he said what he said considering the guy was quite liberal then.

He told me that if I ever was taken to a hospital in East Lansing and a black intern was seeing me I should refuse him and demand another. He said no matter how bad they were they only removed one student that was doing so poor it would have been criminal to allow her to practice medicine, just a CYA move.

Knowing him my whole life a statement like that coming from him just blew me away, he was sickened by the separate standards that white and asian students had to meet compared to their black counterparts, all based on political correctness, and that was almost 25 years ago.


9 posted on 02/13/2012 2:41:54 PM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: WilliamIII
Stare Decisis only applies when Conservatives are trying to change the law, it seems
10 posted on 02/13/2012 2:45:15 PM PST by Buckeye McFrog
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To: douginthearmy

“Wrong. A leftist judge gets to decide if it is illegal to NOT descriminate against Asians.”

And Jews, being the hardest hit by affirmative action policies.


11 posted on 02/13/2012 2:49:11 PM PST by TheThirdRuffian (I will never vote for Romney. Ever.)
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To: GeronL

White enrollment declined after they banned affirmative action.


12 posted on 02/13/2012 2:53:52 PM PST by douginthearmy (Obamagebra: 1 job + 1 hope + 1 change = 0 jobs + 0 hope)
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To: douginthearmy

They just continued it under a new name ... “economically disadvantaged” and whatnot


13 posted on 02/13/2012 3:05:00 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: WilliamIII

It’s time for a change. I’m thinking maybe to self-identify as a person of color. I could go Amish, though. Or Native American.


14 posted on 02/13/2012 3:26:23 PM PST by Lady Lucky ( Exposure to the Son may prevent burning.)
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To: Da Coyote

A plaintiffs attorney named George Washington arguing against equality.

What an affront to the name.


15 posted on 02/13/2012 3:42:32 PM PST by Psycho_Bunny (Now I know how the average lefty would feel if Fred Phelps were elected President.)
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To: WilliamIII

“”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.”


Thank God the author let us know that all three judges are male. But were any of them left-handed or lactose intolerant? Because that’s really vital information.


16 posted on 02/13/2012 3:46:55 PM PST by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll protect your rights?)
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To: All; GeronL; douginthearmy
You're forgiven for being a Texan, GeronL.

doug has it correct.

Here's a passage from the UC Diversity Accountability Report and Appendix (seriously):

UC often describes its diversity aspirations in terms of ―reflecting the diversity of California. The University’s demographics have not kept pace with California’s growing Chicano/Latino population. In 2008-09, UC’s undergraduate students were 14 percent Chicano/Latino compared with a total Chicano/Latino population statewide of 34 percent and nationwide of 14 percent. The gap for African Americans is less severe. African Americans comprised 5 percent of UC’s undergraduate students compared with a total African American population statewide of 7 percent and nationwide of 13 percent.

I estimate from their chart, there are about 115 Asians per 100 White undergrads in UC schools according to that report. 54% of those students are female (vs. 50% of the state) but the diversity police obviously don't see that disparity as a problem. Go figure.

17 posted on 02/13/2012 5:44:42 PM PST by newzjunkey (Santorum has baggage too. Demand an inspection!)
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To: WilliamIII

What people don’t realize is that policies like Affirmative Action are “State Sanctioned Racism” — which is far, far worse than arbitrary/voluntary racism by individuals because there is an element of fascism in it (e.g. the gov’t forces it on people).

These greedy racists want the State to discriminate for them and against others.

How dumb are these people anyway? Can’t they see their blatant hypocrisy (e.g. “Let’s use racism to end racism!”).


18 posted on 02/13/2012 5:47:37 PM PST by AlanGreenSpam (Obama: The First 'American IDOL' President - sponsored by Chicago NeoCom Thugs)
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To: WilliamIII

So not discriminating by race is racist discrimination??????????

Just another day in Obamaland. :)


19 posted on 02/13/2012 9:02:33 PM PST by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: WilliamIII

A letter to Attorney Kasarda who is defending Prop 209 (fighting against the neo-racists).

___________________

Hello Mr. Kasarda,

I’m so glad you’re taking the case to defend Prop 209 as most color-blind individuals understand that Prop 209 is as Constitutional as it gets...

As a Chinese-American, I have witnessed racial discrimination at UC Berkeley admissions. (Reference Dinesh D’Souza’s “Illiberal Education” book as a fantastic expose of the folly of so-called “Affirmative Action”).

http://dineshdsouza.com/books/illiberal-jacket.html

Apparently there were too many highly-qualified Chinese applicants to UCB, so the administration set out to discriminate against Chinese via affirmative action programs in the pre-Prop-209 era.

What people don’t realize is that policies like Affirmative Action are “State Sanctioned Racism” — which is far, far worse than arbitrary/voluntary racism by individuals because there is an element of fascism in it (e.g. the gov’t forces people to make racist decisions).

I never hear the argument posed this way (that it’s State Sanctioned Racism).

These greedy racists want the State to discriminate for them by discriminating against other people with different skin color.

Can’t the affirmative action proponents see their blatant hypocrisy (e.g. “Let’s use racism to end racism!”)?

Anyone who preaches against racism should have consistent principles and not use racism as a tool to benefit groups of people with certain skin colors.

Affirmative Action is in DIRECT CONFLICT with the “Equal protection under the law” clause of the Constitution.

Why is this so difficult to understand?

Please use any of the foregoing sentences in your case proceedings.

Thank you for your time,


20 posted on 02/13/2012 9:13:36 PM PST by AlanGreenSpam (Obama: The First 'American IDOL' President - sponsored by Chicago NeoCom Thugs)
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To: WilliamIII
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.

They are arguing for the right to discriminate FOR some on the basis of race. It is not possible to do this without discriminating AGAINST others on the basis of race.
21 posted on 02/13/2012 10:40:16 PM PST by rottndog (Be Prepared for what's coming AFTER America....)
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To: WilliamIII

It’s time for AA to expire. It’s a discriminatory practice, based on a presumptuous model, that blacks are incapable of, and inferior to, others. Nothing could be further from the truth. Black Americans, like any other Americans, can compete with the best there is. So yes, let’s end this discriminatory process which deludes their accomplishments.

I can’t imagine any black American who wishes to be known for their success as an AA candidate. How humiliating that must be?


22 posted on 02/13/2012 11:09:29 PM PST by takenoprisoner (Constitutional Conservatism is Americanism.)
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To: WilliamIII

I thought that the SCOTUS settled this in Gratz v. Bollinger.


23 posted on 02/13/2012 11:17:39 PM PST by U-238
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To: takenoprisoner

Exactly! My son is half black and half white. He is 3/4 of the way through Air Force Basic Training and he is and always has been disgusted with “set asides” where one qualifies on the basis of skin color and not brain matter.

If blacks and Hispanics are falling behind academically then it’s up to THEIR OWN community to rectify the situation (namely PARENTS) and not the government. BTW he is a registered pubbie to vote in the NYS primary.


24 posted on 02/14/2012 4:16:37 AM PST by AbolishCSEU (Percentage of Income in CS is inversely proportionate to Mother's parenting of children)
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To: WilliamIII
Racial diversity is NOTHING unless it happens organically. If these people can't meet standards of the job or college application, they need to look internally not externally
25 posted on 02/14/2012 2:03:59 PM PST by nerdwithagun (I'd rather go gun to gun then knife to knife.)
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To: Tzimisce

Just like a employer can say they are a EEO/AA employer. Never could figure that out.


26 posted on 02/14/2012 8:51:17 PM PST by matt04
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