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.
It does not appear the Plaintiffs petitioned the Supreme Court for certiorari.
The case appears to be closed.
Joshua Arocho - 07/19/2012
Virginia Weeks - 11/08/2017
compress summary
