Time: Thu Apr 10 07:40:28 1997 by primenet.com (8.8.5/8.8.5) with SMTP id GAA28362 for [address in tool bar]; Fri, 11 Apr 1997 06:48:30 -0700 (MST) by smtp.clever.net with SMTP; 11 Apr 1997 13:38:20 -0000 Date: Fri, 11 Apr 1997 09:29:58 -0400 (EDT) To: GovtAware-L@citadel.net From: Paul Andrew Mitchell [address in tool bar] Subject: Re: GovtAware: Prop 209 Content-Transfer-Encoding: 7bit What is the full case citation of the Ninth Circuit decision, please? /s/ Paul Mitchell http://www.supremelaw.com At 01:59 AM 4/11/97 -0400, you wrote: >This are various facts etc. I have gathered about the current decision by >the Ninth Circuit Court. > >>From the decision: >>[T]he "goal" of the Fourteenth Amendment, "to which the Nation continues to >>aspire," is "a political system in which race no longer matters." Shaw, 509 >>U.S. at 657. When the people enact a law that says race somehow matters, they >>must come forward with a compelling state interest to back it up. Plaintiffs >>would have us also require the people to come forward with a compelling state >>interest to justify a state law that says that race cannot matter in public >>contracting, employment, and >>education. Plaintiffs' counsel went even one step further at oral argument. >>He urged that "[t]he people of the State of California are not entitled to >>make a judgment as to whether compelling state interests have been >>vindicated. That is for the courts." >>Our authority in this area is limited to deciding whether >>the interests proffered by the people are sufficient to justify a law that >>classifies among individuals. If the federal courts were to decide what the >>interests of the people are in the first place, judicial power would trump >>self-government as the general rule of our constitutional democracy." > >(Here we have the ACLU arguing the superiority of government over the >governed and a court actually disagreeing and urging judicial restraint.) > >The Ninth Circuit Court covers California, Nevada, Washington, Oregon, >Alaska, Idaho, Montana, Hawaii, Guam, and the Northern Marianas. This ruling >then would affect any similar laws passed in those jurisdictions. If >unsuccessfully appealed to the Supreme Court it would effectively end >affirmative action programs in the entire US. > >Following is from anothe list, by a SF attorney who seems well up on the >issue and also offers a legal perspective. > >>It is my understanding that at present the 9th circuit has 20 judges on it's >>panel. One of these is married to a major person in the southern California >>ACLU and has recused himself from any consideration of this matter. This >>leaves 19 for possible reconsideration. >> >>First, the entire judge panel would have to vote on reconsideration. >>50% is required to review the current decision. I have been informed that >>the present group contains more republican appointees than democratic >>appointees. This may prevent review. OTOH, the judges may want to >>try to put a more powerful review on the record, and may vote in favor of >>it, hoping that the random selection of the review panel will get a >>conservative panel seated. >> >>Regardless of whether reconsideration by the 9th circuit happens, the matter >>will probably be appealed to the US Supreme Ct. There, 4 justices must >>request review in order for the case to be heard. The decision on whether >>or not review happens at that level will be based on whether or not the >>justices believe that they can get an opinion which they favor. If the >conservatives >>think that they can get an airtight majority on the case, then they will >vote for >>it, unless they think that it is better to leave the matter at the circuit >level and >>allow the circuit courts to rule until it becomes necessary to review to >resolve >>conflict. >> >>The big question has become politics, rather than law. It is obvious that >Prop. >>209 is constitutional. The 9th circuit judges pointed that out quite >clearly. Their >>opinion may have been very polite with Judge Henderson, but they did, >>essentially, say that he made the opinion out of nothing, and ignored the >law. The >issue will, therefore be reduced to one of whether or not the >desired result can >>be achieved at the level where review will be had. I believe that at >present, the >best interests of justice and freedom may be best served by >leaving the decision >intact, as is, and letting the rest of the US see how >it was handled. Further review >may be catastrophic, if liberal types get >into the mix. >> >>Steve Laib >>Atty. and Philosopher > >Excuse me for not being my normal cynical self but it appears that occasionally >En Judica es Veritas - you might consider excusing my poor Latin also. > Gary L. Tyler > (gtyler@castles.com) >(http://vader.castles.com/gtyler/) > >Twas brillig and the slithy toves did gyre and gimble in the wabe. >All mimsy were the borogoves and the mome rath outgrabe. >And hast thou slain the Jabberwock, my son? > Lewis Carroll > > >________________________________________________________________ > Sponsored by Audio Informercial Marketing (tm) >Want to implement Audio Infomercial Marketing for your business? We handle >everything from market need analysis, script writing, editing, voice talent, >music, graphics, covers, production, duplication and support. Ideal for >attorneys, consultants, accountants, and other professionals who want to >"Master The Art of Networking". Email for FREE details and consultation, >email: <mailto:AIMInfo@Citadel.Net> >============================================================== >To unsubscribe> TO: Listserv@Citadel.Net Txt Area: signoff GovtAware-L > > > ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. 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