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California Supreme Court upholds law barring affirmative action

The California Supreme Court Monday decided that Proposition 209, which banned affirmative action in government, does not violate federal constitutional guarantees of equal protection.

In a 6-1 ruling, the state high court said a San Francisco affirmative action program in public contracting was not protected by the federal constitution.

The court said a lawsuit against San Francisco can to go to trial to determine if the contracting program was necessary to redress deliberate discrimination against women and minorities. If not, Proposition 209 requires the city to end the preferences, the court said.

The Pacific Legal Foundation, a conservative public interest group that challenged the program, said the city lacked the necessary evidence to justify the affirmative action and eventually would have to scrap it.

-- Maura Dolan in San Francisco

Comments () | Archives (38)

affermitive action dont work for many reasons, it keeps a more qualified person from getting a job because of his/her color. you have to hire 3 blacks and 3 whites, but there are more whites qualified for the job than blacks, but you must hire the least qualified because they are black. let me ask you this. if you or your child needed surgery, would you rather have a dr. who got into med school because of his grades and work ethics or someone who was let in because of his color and didnt make good grades? i think you would pick the dr. who made the grades, he would be the more qualified of the two. same with any job, experience or color, you chose. affirmative action is also reverse discrimination, you pass up the more qualified white to hire the less qualified black, i would hate to think i got a job just because a co. had to hire me just because i was black, would you want to be the token? if you are qualified, it dont matter what color you are, but when you hire someone because of their race and not qualifications, thats just not right.

Democracy wins.

Special treatment is not Equal Protection.
Equal treatment is Equal Protection.

Of course Prop 209 doesn't violate the equal protection clause. It was passed to throw out an invidious form of discrimination, 'affirmative action', which DOES violate equal protection.

The disadvantaged business mandates don't work because advantaged businesses use women ownership as a cover. Amazing how quickly hundreds of disadvantaged businesses have sprung out of nowhere in the last few years.

OK this makes a lot of sense dude. I really like it.


free at last, free at last. thank god almighty, i'm free at last.


Excellent decision.

Well, I do not think that affirmative action should be scrapped, but there is a time to move it "under the table". I think now is that time, and this decision is appropriate.

Finally it is about time to face the reality that is the affirmative action is a one big joke and it is time to disappear from this country. We need to have competition among the citizens to achieve the greatness. We need the best of the best in any and every field. No more quota system that breeds incompetancy in the country.

Cool. Just another reason to leave the state if you are not part of the favored class. If you are a taxpayer, white, professional, and male the system is designed to tax and discriminate against you. If you don't like this system, leave. I did. I moved to Texas and left the $800/month in taxes my wife and paid behind.

Good bye California. May you enjoy your leftist state.

As a SF voter, I hope the Feds go after the unconstitutional Sanctuary City Ordinance next. Imagine what we could have done with the hundreds of thousands of dollars, if not millions, of precious General Fund money used to defend this loser of a case. Unfortunately it looks like more will be wasted by the SFGOV on trying to craft new legislation to circumvent the will of the voters. Disgraceful. SOCAL voters, don't vote for SF politicians (Newsom, Harris) for state wide offices. Trust me, they are bad news.

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