Appeals Court Upholds Calif. Affirmative Action Ban

Valerie Richardson, Washington Times, April 2, 2012

A federal appeals court on Monday rejected a bid by minority students to overturn California’s ban on affirmative action in admissions to state colleges and universities, saying the 1996 initiative approved by California voters already had passed the court’s legal muster.

Ralph Kasarda, an attorney for the Pacific Legal Foundation, said that “today’s ruling is good news for everyone who values fairness and equal opportunity.”

“If the people who brought this lawsuit are genuinely opposed to discrimination in university admissions, as they claim, they should be supporting Proposition 209 and its crystal-clear ban on discriminatory policies, not trying to tear them down,” Mr. Kasarda said.

The lawsuit, filed by the liberal group By Any Means Necessary on behalf of more than 40 black and Hispanic students, argued that the court should revisit its 1997 decision upholding the law because 15 years in effect shows discrimination against minority students.

The group argued that black, Hispanic and American Indian students from high school programs that offer insufficient preparation cannot compete effectively for University of California system slots.

A three-judge panel of the 9th U.S. Circuit Court of Appeals disagreed unanimously. It ruled that the earlier court decision “considered the very scenario Plaintiffs now allege” of declining minority enrollment, and thus there is no new case against Proposition 209.


The lawsuit was filed against California Gov. Jerry Brown and the University of California, but Mr. Brown refused to defend Proposition 209, siding with those filing the lawsuit. The initiative was represented instead by the Pacific Legal Foundation and the University of California system’s attorneys.

“He not only refused to defend [Proposition 209], he filed against it,” Mr. Kasarda said. “If the government doesn’t defend the law, it should be very concerning to citizens.”


Proposition 209, sponsored by Ward Connerly, a former University of California regent, prohibits public universities from considering sex, race or ethnicity in their admissions decisions. The measure has survived repeated legal challenges, including two before the California Supreme Court.


In California, critics of affirmative action argue that state universities are in fact admitting more non-Asian minority students than they were when Proposition 209 was passed in 1996.

In 1989, 21.3 percent of freshmen admitted to the University of California system were from such minority groups, according to a 2009 report submitted by the plaintiffs. In 2009, that figure was 25.1 percent.

Supporters of affirmative action, however, counter that this figure is misleading because the share of underrepresented minority students among graduates of California public high schools has grown even faster [-] from 29.6 percent of graduates to 48.4 percent in that period.



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  • The 9th Circus did the right thing?  Twice?  I’m shocked, and not joking.

    Unfortunately, the way California’s demographics are going, it won’t be much longer until its body politic is able to vote to repeal Prop 209.

    •  The 9th Circus did the right thing because they know its a dead letter law, anyhow. Not a real brave stance.

    • libertarian4339

      Also, the 9th court is aware that AA in grades,  and a quota system whereby X number of blacks are passed whether they’re qualified to do the course work or not,  is enough to keep the country flooded with incompetent professionals who will either kill somebody if they’re in the medical field or the pharmacy industry or botch up the system in other professions.

      I truly believe these leftist activist judges don’t care who they harm so long as their view of a rainbow utopia is installed by hook or crook.

  • redshirts

    None of our victories are permanent. Everything is temporary and fading, because White America is temporary and fading.

    What happens when the Appeals Court is made up of judges who are appointed by libs who were elected on the “strength” of the Amnesty voters, including the fraudulent votes that are triple counted?

    What happens when the entire pools of Appeals Court candidates are all steeped in Critical Race Theory and Reconquista Studies?

    What happens when Whites are too weak and minoritized to fight for those institutions that were created by our ancestors to protect our liberties, but are now subverted, corrupted, owned lock, stock, and barrel by the formerly “oppressed and marginalized” minorities who hate us with a blood lust?

    Demographics is our Destiny. We are at the end of a great experiment, an ideal of sacred virtue, a mere passing of what could be only if it could be for us and by us. It can’t be under any other circumstances, and it won’t be.

    Just as those 300,000 dead White Yankee soldiers sacrificed all in a victorious effort to “save the Union and free a Race so White girls in Chicago can have black boyfriends,” John Smith settled Jamestown and George Washington crossed the Delaware so their descendants could elect a black to rule them and Eric Holder’s “my people” could be enthroned as the new royalty.

    Diversity is a vile hate crime against God’s kingdom plan for our White privileges and violates White Humanity’s ordained destiny. Anti-Racism is codeword for Anti-White.

    • No

      My overwhelming emotion after reading this article:   Disgust.  Do they ever stop whining? 

      As for redshirt’s question:  “What happens when Whites are too weak and minoritized to fight for those institutions . . . ”

      Well, here’s the thing.  We know non-whites can’t run the world.  That’s a fact – proven in every corner of the globe.

      There’s a great part in the movie “Lawrence Of Arabia” where the Arabs are given control of a city and the British just sit back and smugly watch the fun.  Pretty soon, nothing works and the Arabs are killing each other.  They hand the city back to the Brits and head back to the desert.

      I think there’s a fundamental limit to how much idiocy any nation can tolerate before it just breaks down.  At that point, it begins to heal itself.    So I’m not so sure that white-Europeans are going to be marginalized all that much. 

      I can almost guarantee that the future will look nothing like the present.  The natural order of things will re-assert itself.  For example: the libs in power today are ex-hippies.  When they finally retire, the next generation of libs will be much weaker.  Another example:  we tend to mimic Europe and Europeans are getting sick of multiculturalism.  Another example:  many white young people are being home schooled and taught essential white values.  They will have a huge competitive edge over the whiggers who hang out at the local Get-High School.

      • redshirts

        We must seek out signs of hope where we can, but we are seeking in a country that succumbed to Brown v. Board.

        Massive Resistance collapsed in Virginia. A White president sent White troops to Little Rock to force a White school to enroll blacks. Our White leaders get their power based on how fast the sell us out to Diversity.

        There may be hope, but it hasn’t announced itself yet in any forms that are recognizable.

        Our duty now is vengeance. How to get even with the White elites who benefit from shouting “Holy” whenever the word “Diversity” comes up in a conversation? How to force them to suffer the same horrors and miseries that they force on us? That is the question of our destiny.

        “Many White people feel bereft because the leadership that we look to, the upper Bourgeois tier — the most educated part of our own society — seem to have left the majority. The elite has gone global and sees itself as part of a global elite, and the traditional brokers of power from the university lecturer to your senior businessman, to your senior lawyer and so on, always seem to be on the side of giving the line away. And that’s because in the present day it suffices and works for you to be on the side that gives away what the past has bequeathed to you.”

        -Jonathan Bowden

        • MikeofAges

          The problem with Brown v. Topeka was its construction. School segregation was slowly dying out of it own  accord. And would have eventually even in the Deep South.

          “Brown” was based on pop psychology top to bottom. Psychological studies of how kids reacted to dolls and whatnot. It didn’t need to be written that way. What the Supreme Court writes has a lot to do with what social reality is in the minds of Americans, sometimes in a very detailed way. Would have been better to have a decision with some rigor to it even if it mattered not to the  result. But the court not only ruled as it did. It also accepted verbatim the position of the NAACP, a Popular Frontist organization, and the arguments of the execrable Thurgood Marshall. He never should have ended up on the other side of the bench.

          Marshall and his ally Harry Blackmun did much to engineer the decline of the United States, in their time and for the future. Someday,  I don’t know when, the country will end up dividing. Likely at least into a North, a Southeast, a Southwest, and an independent Texas and California. Almost all futurologists foresee that. A few saw it the other way, with the United States expanding to include Canadian provinces and parts of the Carribean. Maybe that idea had some appeal at one time. But who would want to be part of the United States now? Except for Puerto Rico (maybe), no one that I can think of.

        • gemjunior

          I agree wholeheartedly with everything written but still cannot understand how uniformly they give away what the past bequeathed, how there seem to be SO FEW heroes like Kevin McDonald and Jared Taylor and the men who run the sites and blogs exposing these traitors and clearly pointing out the rot to the masses who are too befuddled by TV lib propaganda to see.  So few morals, so carelessly destroying and consigning to oblivion the one race of people who have achieved almost everything that has been achieved, in most cases their own racial family.  Traitors.  Many see Christianity as a hindrance to White racial reality, but that is only recent with the rise of these mega churches.  If White people had not abandoned the Church and the patriarchy then our traditions would not have succumbed so easily to the ’60s revolution and feminism and the debauchery that followed: Roe v. Wade.  I believe the foundations of Europe’s greatness were built upon Christianity which worked very well when there were only White Europeans in the society.  Now it’s melting like ice under a hot sun. 
          There must be revenge on those who have sold out their own extended family – their genetic kin – they should certainly be forced to endure the worst of what they foisted upon others.  Perhaps be dropped off in the middle of Detroit on a warm summer night alone and unarmed? LOL.  Enjoy your precious Diversity….

  • The colleges get around the bans in many ways. For instance, they take a “holistic approach” when selecting students. That is why the UC system ought to look about equal parts Switzerland and South Korea if all you went by was GPA and admittance test scores but has so many moron blacks and hispanics in it.

    • tickyul

      Yes, you are right on about the sneaky colleges. Giving weight to Hip-Hop Essays is a clear skirting of Prop 209. 

      • crystal evans

        That is why they need to go to community college to take remedial English so that when they are ready to transfer, they will be hopefully have the necessary English writing skills to do well in their courses.

        • tickyul

          Sorry, you sound slightly unrealistic.

          I HAVE been in classes with Urban Americans……for the most part they are uninterested at best, downright disruptive is more the norm.

          Remedial….haha, they won’t try to learn much of anything there either.

          • crystal evans

            Why are they then in school? I think it is because they get state and federal grants that they do not have to pay back.

        • MikeofAges

           People who take remedial classes in community college, about one in ten is capable of completing two year college, some lower number four year college. Somewhere in the mix, there are success stories. But the people who went through public school failing to learn whatsoever are not among the successes. Better to let them try it though, I say. They get to find out its not for them and move on.

  • GB101

    This is really interesting:

    “The group argued that black, Hispanic and American Indian students from high school programs that offer insufficient preparation cannot compete effectively for University of California system slots.”

    Even if the argument is correct, the plaintiffs are picking the wrong target.  The university system is not the entity that discriminated.  It has nothing to the students until they apply.  If they are not ready, the fault lies elsewhere.

    • ViktorNN

      I agree. Why argue to allow in students who aren’t the best prepared for the schools they’re applying to? Letting them in when they’re not prepared just means they will likely fail and drop out, while at the same time not admitting students who ARE ready and capable of succeeding.

      Also, blaming the primary education system for not adequately preparing minority students isn’t true. The real source of the problem is that hispanics and blacks are hostile to education. Anti-intellectualism is the cultural norm for these groups. You can sit blacks and hispanics in gold-plated learning facilities (and believe me, they get state-of-the-art, world class schools in Los Angeles Unified) and they will still suffer 50% drop out rates as long as they are being taught at home that doing well in school = “acting white.”

      Last, the elephant in the room, the truth which can’t be spoken, is that mestizos and blacks simply aren’t intellectually equipped for Western-style higher education.

  • rentslave

    The pill and Roe v Wade have proven to be the real hate crimes.

    • crystal evans

      Really? According to anti-abortion groups at  least half of black pregnancies end in abortion and the pill prevents more births.

      • blight14

         THANK goodness!

  • The_Bobster

    The lawsuit, filed by the liberal group By Any Means Necessary

    Their name says it all. Their track record in Michigan proves that they’ll do anything to subvert this ruling.

    • blight14

      I wonder what the percentages are in favor of a full blown civil war, as in the black/white populations? It certainly seems that more and more of ‘them’ are becoming more vocally aggressive….

  • crystal evans

    What is the purpose of affirmative action if its beneficiaries cannot compete with other qualified students? What is wrong with spending a couple of years in a community college building up their GPA and then transferring to UC school? Usually it is easier to enter college as junior than as a freshman.

    • Oil Can Harry

      Crystal, you’re making too much sense. Many of these blacks and Hispanics are such egomaniacs that they insist on attending the top schools. How DARE YOU suggest they go to a mere community college!

      And when they inevitably flunk out of the ivy leagues? “Yo, that school was mad racist…”

      • Bon, From the Land of Babble

        As Larry Elder often repeats:

        Blacks think it’s Yale or Jail.

        Why do you think soft majors such as “Afrikan-Amerikan” or “Chicano” studies were formed?  For AA students who flunk out of Chem 101 after the first week.


        • The_Bobster

          Why do you think soft majors such as “Afrikan-Amerikan” or “Chicano” studies were formed?

          They were originally created to allow bassetball playas to get passing grades.

    • Bon, From the Land of Babble

      These students, most of whom have low IQs, can in no way shape or form compete with students who are accepted to California’s UCs and CSUs.

       CCs are akin to very low-level high school classes — ANYONE in California can sign up for community college, including students who do not pass the 5th-grade level high school exit exam and those who have dropped out.   These are NOT college classes, A’s are given for showing up.   
      Please don’t tell me otherwise, I am a high school teacher in CAlifornia.  A lot of CCs partner with California high schools so students are allowed to “earn” college credits while going to high school — giving them the very false impression that they are college material, when they are NOT.

      I have one of the UC brochures in my hand right now — here are the top five freshman majors:

      * Biological Sciences
      *Biochemistry and Molecular Biology
      *Biomedical Engineering
      *Neurobiology, Physiology and Behavior

      Now, here are the top five TRANSFER majors

      *Biological Sciences
      *Political Science

      Quite a difference between majors wouldn’t you say?   Wonder why the transfers aren’t majoring in Neuro– or Molecular Biology?  

      I’ll answer it for you:  Because they don’t have what it takes to major in those fields.


      PS:  Also notice the UCs do not release the information about AA graduates and the fields in which they graduate — they hold this information VERY close, the PLF has been trying to wrest the data from them for years.  

      • Impertinent

        Meanwhile we keep issuing H1B visas to foreigners because we lack skilled workers in engineering, mechanics and the sciences!! WTF???

        Yet we have tons of afro america studies degrees and transgender studies and political science majors???

        Which are as useful as having a degree in basket weaving or finger painting.

        • crystal evans

          One thing that needs to be done to encourage more students to major in engineering  math and the sciences is to have a student loan forgiveness program for those people, especially at the graduate level, where students graduate being thousands of dollars in debt.

          •  In the conscious memory of many people reading these words, many states had free tuition at public colleges and universities for qualified in-state students.  The reason that’s no longer possible today is because of our egalitarian “everyone must  go to college” policies.

          • crystal evans

            My husband went to community college in the 1960’s and it was free but they had to buy the textbooks. In fact, when I told my niece’s boyfriend that cc’s were once free, he could not believe it. He told me that he was paying about $120 a unit!

          • The_Bobster

            Companies should recruit promising freshmen and pay them stipends to enroll in the courses that would align with their future needs.

      • crystal evans

        But the point that I was making about going to community college is to get the remedial help in math and English that is needed to transfer to a 4 year college. Any student that is seriously considering transferring to a 4 year college and if they are deficient in math and English, need to be serious in their remedial classes so that they can catch up what they missed in high school.

      • Do you seriously think that Blacks consider careers in molecular biology or neurobiology ? C’mon, let’s be realistic.

  • Bon, From the Land of Babble

    The proposition is written so simply and beautifully — it’s designed so that anyone who dares challenge it looks like a fool and moron:

    The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

    As Ward Connerly stated yesterday after the 9th Circuit’s decision:

    This decision is a resounding reaffirmation of several prior decisions which concluded that equal treatment is solid law, consistent with America’s color-blind ideals. One would hope that the plaintiffs in this case would cease the filing of their frivolous lawsuits…


  • crystal evans

    If they cannot graduate community college, they have no business being at UC Berkeley and UCLA.

    • The_Bobster

      Well, they have no business being there.

  • “High schools that offer insufficient preparation” is P.C. for, “Our guys can’t cut it without the government putting its thumb on our side of the scales.”

    •  Of course.  The high schools “offer insufficient preparation” only because blacks wouldn’t graduate if it actually did.

  • MikeofAges

     Like or not, it was. Segregation had ended in Topeka by the time the Supreme Court issued “Brown”. The North never had school segregation as such. It had neighborhood schools with attendance districts. Depending on when and where, individuals school might have been all black or  all white. But if a black family lived within the attendance district of a generally white school, their kids went to that school.

    Whatever your opinion, “Brown” was an idiotically constructed decision. FYI, I am not preoccupied with what happens to the other guy or taking away what he has. I am concerned about what happens to me.  Nothing for everyone will never fly as political agenda.