University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Coalition to Defend Affirmative Action v. Brown ED-CA-0008
Docket / Court 3:10-cv-00641-SC ( N.D. Cal. )
State/Territory California
Case Type(s) Education
Case Summary
On February 16, 2010 several students and pro-affirmative action groups filed a class action lawsuit in the United States District Court for the Northern District of California challenging Proposition 209. The Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, ... read more >
On February 16, 2010 several students and pro-affirmative action groups filed a class action lawsuit in the United States District Court for the Northern District of California challenging Proposition 209. The Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, claiming that Proposition 209 violates the Equal Protection Clause of the 14th Amendment to the United States Constitution. Specifically, the Plaintiffs claim that the harsh restrictions that Proposition 209 puts on affirmative action denies the Plaintiffs the chance for an equal and integrated education.

On December 8, 2010, the Court (Judge Samuel Conti) granted the Defendants' Motion to Dismiss, holding that Proposition 209 did not classify individuals based on race, but rather banned it, and thus did not violate the Equal Protection Clause. Coalition to Defend Affirmative Action v. Schwarzenegger, 2010 WL 5094278 (N.D. Cal. December 8, 2010). The Plaintiffs then appealed to the Ninth Circuit Court of Appeals.

On April 2, 2012, the Ninth Circuit Court of Appeals (Judge Silverman) affirmed the District Court, noting that just because Grutter v. Bollinger, 539 U.S. 306, 325 (2003) allowed an affirmative action program doesn't mean that affirmative action programs may not be banned. Rehearing en banc was denied on May 11, 2012.

As of this writing the case is still open, however, the Plaintiffs have yet to petition the Supreme Court for certiorari.


Joshua Arocho - 07/19/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Equal Protection
Defendant-type
College/University
Discrimination-basis
National origin discrimination
Race discrimination
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Black
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Governor of California
President of the University of California
Regents of the University of California
Plaintiff Description All black, Latina/a and Native American applicants to and students at any school or campus of the University of California; All black, Latina/o, and Native Amctican and other residents who want to lobby for changes in the admission and other policies of the defendant universities in order to secure the admission of more black, Latina/o and Native American applicants to the University of California.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Docket(s)
3:10−cv−00641 (N.D. Cal.) 08/02/2012
ED-CA-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief (Class Action) 02/16/2010
ED-CA-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order re: Motion to Intervene and Defendants' Motion to Dismiss 08/25/2010 (2010 WL 3340577) (N.D. Cal.)
ED-CA-0008-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Dismiss 12/08/2010 (2010 WL 5094278) (N.D. Cal.)
ED-CA-0008-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (Ninth Circuit) 04/02/2012 (674 F.3d 1128)
ED-CA-0008-0001.pdf | WESTLAW| LEXIS | Detail
Order 05/11/2012
ED-CA-0008-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Conti, Samuel (N.D. Cal.)
ED-CA-0008-0003 | ED-CA-0008-0004 | ED-CA-0008-9000
Garbis, Marvin J. (D. Md.)
ED-CA-0008-0001 | ED-CA-0008-0005
Silverman, Barry G. (Ninth Circuit, D. Ariz.) [Magistrate]
ED-CA-0008-0001 | ED-CA-0008-0005
Tashima, Atsushi Wallace (C.D. Cal., Ninth Circuit)
ED-CA-0008-0001 | ED-CA-0008-0005
Monitors/Masters None on record
Plaintiff's Lawyers Cruz, Ronald T. (California)
ED-CA-0008-0002 | ED-CA-0008-9000
Driver, Shanta (Michigan)
ED-CA-0008-9000
Washington, George B. (Michigan)
ED-CA-0008-9000
Defendant's Lawyers Browne, Sharon L. (California)
ED-CA-0008-9000
Friedland, Michelle Taryn (California)
ED-CA-0008-9000
Kasarda, Ralph William Jr. (California)
ED-CA-0008-9000
Kelly, Soraya Coronado (California)
ED-CA-0008-9000
Phillips, Bradley S. (California)
ED-CA-0008-9000
Robinson, Charles Furlonge (California)
ED-CA-0008-9000
Stroud, Andrew Walter (California)
ED-CA-0008-9000
Thompson, Joshua Paul (California)
ED-CA-0008-9000
Wu, Margaret Louisa (California)
ED-CA-0008-9000
Other Lawyers None on record

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