Affirmative Action Ban

Federal Appeals Court Hears Challenge To California Affirmative Action Ban
by Eyder Peralta
NPR News

U.S. 9th Circuit Court of Appeals heard a challenge to California's 15-year ban on using affirmative action in public college admissions.

As the AP put it, Proposition 209, as it's known, "barred racial, ethnic or gender preferences in public education, employment and contracting." And over the 15 years since it was approved by California voters, that same court has upheld it.

In 2010, however, more than 40 minority students, as well as advocacy groups filed a challenge, saying the ban has dropped minority enrollment at the University of California and created a hostile environment for black, Latino and Native American students.

The San Jose Mercury News reports that the despite having the support of Gov. Jerry Brown, the court seemed unmoved. The paper adds:

"During an hour of arguments in San Francisco, a three-judge 9th U.S. Circuit Court of Appeals panel questioned its ability to tamper with Proposition 209 in view of the court's 1997 decision finding the nearly 16-year-old law constitutional. ...

"Lawyers for the governor and the students argued the previous 9th Circuit case was "wrongly decided," and that it did not consider Proposition 209's effect on minority enrollment at UC campuses. But the judges appeared skeptical.

"'I don't know the purpose of arguing that "(the case) was wrongly decided,' said Judge A. Wallace Tashima.

"The three judges may be boxed in by the court's precedent, but did suggest the plaintiffs can ask the 9th Circuit to reconsider the case with a larger 11-judge panel, which has more authority to re-examine the law."

The AP reports that the group is also pinning its hopes on a 2003 decision by the U.S. Supreme Court, which ruled that the University of Michigan Law School could consider race in their admission process to "promote campus diversity." A circuit court used that ruling, last year, to strike down Michigan's ban on affirmative action.

I didnt get a job at the fire dept because of the stupid Affirm action. I'm a veteran, fought for my country, am educated and scored in the top 10% on the civil service exam. 12 people were hired. 7 african americans (non vets) behind me on the list.

I dont blame them. I blame affirmative action. Lost out on a good career because of that.

Just exactly how does banning affirmative action create a "hostile environment" for black, Latino and Native American students???

I never quite understood how a racist law stops racism.

Yeah, it makes no since to me either. Its racism.

I understand the spirit of the law, but I feel it was overreaction. Of course I know things were bad in the south so it was felt that extreme measures were neccessary. Surely times have changed. I know that racism amoungst people my age is not what it once was and amoung those just 10 years younger, it is almost unnoticeable. Kids my son's age, in my area, seem to have no racial preference as far as groups they hang out with. That has to be a positive sign.

Best way to hire someone is to have the interviews in a darkened room with the candidate using a voice synthesizer so you can have no idea of who they are, or what race or age they are :-P

Way I see it, you should hire people based on their qualifications and fitness for the job first and foremost, all other things being equal and assuming you have 2 candidates of exactly the same quals/fitness, then maybe you can choose based on some quota-filling agenda.

Question: if someone gets hired who obviously has less skills/fitness than you and who was obviously only hired because of their race/gender, can you sue for racial discrimination, or are caucasians not allowed play that particular card?

Miles1 wrote:Question: if someone gets hired who obviously has less skills/fitness than you and who was obviously only hired because of their race/gender, can you sue for racial discrimination, or are caucasians not allowed play that particular card?

Yeah, you can sue for a ham sandwich if you want. At the time it happened to me though '85-'86, affirmative action was all the rage and I doubt I'd have had any chance of winning. The Tuscaloosa FD didnt want all the Civil Rights activists up in arms picketing their station and the mayor wouldnt have wanted this to dominate the headlines.

So I got screwed. But I'm only a white, middle classed American male...so who cared?