A panel of the 9th U.S. Circuit Court of Appeals dismissed a challenge to Proposition 209 on Monday, upholding California’s voter-based ban on the consideration of race as a factor in University of California admissions.
The activist group BAMN brought the lawsuit against the UC Board of Regents and the state in January 2010. U.S. District Judge Samuel Conti dismissed the complaint for failure to state a claim later that year. The group then moved to the 9th Circuit to appeal the decision, where a three-judge panel upheld the dismissal Monday.
The panel cited a 1997 case in which three 9th Circuit judges ruled that Proposition 209 was constitutional as a reason for its decision, in its opinion.
“The bottom line is that (the 1997 decision) remains the law of the circuit, and the district court faithfully applied it,” the opinion states.
According to Ronald Cruz, attorney and organizer for BAMN, the organization will move forward with its efforts by appealing Monday’s decision to the full 9th Circuit by April 16.
Currently, the UC admissions process requires a “holistic review” of all applicants, but is forbidden by law to consider race in admissions decisions. Although BAMN challenged the proposition as it applies to UC campuses, if its appeal is successful it will also challenge the proposition’s ban on affirmative action in California public institutions as a whole, Cruz said.
Matt Williams, organizer for BAMN and candidate for president of the ASUC — UC Berkeley’s student government body — with the Defend Affirmative Action Party, said that although BAMN hoped the court would hear the case, the organization was not surprised with the panel’s decision.
“When we went to the court hearing, we got the feeling that they weren’t going to take the case, although we were hoping,” he said.
In addition to BAMN’s legal efforts, Williams said the group will continue to focus its energy toward building a social movement around the issue.
“We believe mass action is the only way to win a social movement struggle, so that’s what we focus on,” he said.
In a Monday press release, BAMN cited a similar series of events that took place in Michigan, where a panel of judges originally granted an appeal to overturn the state’s affirmative action ban in July. However, a full 6th Circuit hearing that took place in March may overturn the panel’s decision.
“The full Ninth Circuit should grant review because the issue is at least as important in California as it is in Michigan,” said BAMN attorney George Washington in the press release.
Proposition 209 has long been contentious on UC campuses, igniting controversy through events such as the satirical “Increase Diversity Bake Sale” held by Berkeley College Republicans last September to protest the affirmative actionlike bill SB 185.
According to Williams, BAMN, in partnership with the Defend Affirmative Action Party, will move forward with its efforts by holding a Friday rally on Sproul Plaza to demand that the UC immediately double minority enrollment.
Jessica Rossoni covers higher education.
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Instead of being racists and focusing on color, BAMN should focus on increasing enrollment from schools that are in low income areas. The President put it well when he pointed out that affirmative action would help his daughters get into a school instead of someone from a low income family. Maybe do the right thing and call for the UC to double enrollment for students from families who make under $40K a year.
It’s a shame, now the students who spread racist hate speech (the BSU) will have to work as hard as everyone else to get in. Those who have gotten into colleges under AA have turned around and done the most to demonize other minorities, particularly Asians and Jews. No one has done more to make anti-Asian and anti-Jewish bigotry acceptable on campus then Black and Muslim organizations. Then they turn around and preferred admission because they are “victims” of racism. SMH.
BAMN and the BSU should learn that you don’t end discrimination by discriminating. But then BAMN and the BSU are nothing but bigots themselves, having invited Louis Fart-His-Can to campus. As for affirmative action, these assholes should know that their pity party is over…
I hope BAMN protest’s this. I really could use a good laugh
Why defend discrimination? Right decision!
merit, built on privilege. nothing like by-default discrimination: just don’t do anything and you’re already way ahead.
That makes no sense whatsoever…
The right decision – good.
Wait, BAMN’s attorney’s name is George Washington and they still lost? How is that even possible?
One of the few decisions from this court that I agree with. BAMN clowns must now STFU.