Judge Refuses to Let State Court Rule on Prop. 209
SAN FRANCISCO — A federal judge decided Monday that he will not step aside to allow a state court to interpret Proposition 209, the anti-affirmative action law approved by voters in November.
Chief U.S. District Judge Thelton Henderson denied a motion by Gov. Pete Wilson to allow a state court to review the law before Henderson decides whether it is constitutional.
Henderson, a former civil rights lawyer, already has issued a preliminary injunction to prevent the state from enforcing the proposition pending a trial or further arguments.
The American Civil Liberties Union opposed the state’s motion, arguing that no interpretation of the proposition could make it constitutional.
State judges, unlike federal judges, are elected, and opponents of affirmative action believe state judges might be more inclined to view the proposition more favorably.
Proposition 209, which eliminated affirmative action in government employment, contracting and university admissions, passed with 54% of the vote.
Get the L.A. Times Politics newsletter
Deeply reported insights into legislation, politics and policy from Sacramento, Washington and beyond. In your inbox three times per week.
You may occasionally receive promotional content from the Los Angeles Times.
