Ban on Affirmative Action Challenged
A federal appeals court is set to hear a legal challenge Monday to the ban on affirmative action in public college admissions. The challenge comes 15 years after the ban on race consideration was implemented.
Arguments are scheduled to be presented before the U.S. 9th Circuit Court of Appeals regarding a lawsuit seeking to overturn Proposition 209, which forbids consideration of racial, ethnic and gender preferences in public education, employment and contracting.
The ban has overcome several challenges since it was first approved in 1996, but those who seek to overturn it say that support for their cause has recently increased, both from recent favorable court decisions as well as endorsement from Gov. Jerry Brown.
The lawsuit originated in January 2010 when dozens of minority students and advocacy groups jointly complained that the ban violates the civil rights of minorities. They claim that African American, Latino and Native American students are underrepresented at the more prestigious UC campuses, since these minorities compose half of California high school graduates but are nowhere near represented to that extent in California's distinguished public colleges.
The plaintiffs claim that the percentage of underrepresented minorities was already low to begin with, but that when Prop 209 was passed the number dropped even more and has resulted in what they are calling a hostile environment for minority students.
The American Civl Rights Institute, headed by Ward Connerly, is working to combat the claims made by the plaintiffs, saying that making race and sex factors in the admissions process would eliminate fair treatment towards all UC applicants.
The legal challenge to Prop 209 was dismissed by U.S. District Judge Samuel Conti in December 2010. A similar decision was made by the federal appeals court in 1997, and twice the Supreme Court has ruled the proposition as constitutional.
Supporters of the challenge to the ban say, however, that recent court rulings show a shift toward support for their cause. One of the cases they cite is the decision made by the U.S. Supreme Court to allow race in admissions decisions for the University of Michigan Law School.
Another case that they cite is the decision made last year by the U.S. 6th Circuit Court of appeals to overturn the ban on affirmative action in Michigan.
The other factor that the plaintiffs claim is a factor in their growing support is that Gov. Brown has recently joined in the argument that the ban on affirmative action in California is unconstitutional.
The Associated Press contributed to this report.
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