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Supreme Court Keeps Prop 209 In Force

California's affirmative-action ban to stand for now

By Charles Bierbauer/CNN

proposition 209

WASHINGTON (Sep. 4) -- The U.S. Supreme Court Thursday denied a request for a stay that would have put on hold California's Proposition 209, the new law eliminating affirmative action preferences.

The justices did not act on a petition for a "writ of certoriari" which would have placed the case on the high court's calendar for this year. Court sources say the justices likely will not decide until next month whether or not to hear the case.

"We are disappointed...but still believe it is a matter of national importance," Mark Rosenbaum of the ACLU of Southern California told CNN.

Rosenbaum is the lead counsel for the Coalition for Economic Equity, which filed the application for a stay of Prop 209.

With the stay denied, the State of California would be permitted to implement Prop 209. The proposition amends the California Constitution to provide that "the state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education, or public contracting."

The petition for a stay was filed by the Coalition for Economic Equity v. Governor Pete Wilson.

It contends that denying a stay "will result in upheaval at all levels of local and state government" and "lock shut the 'narrow but significant window' of race- and sex-based preferential treatment."

The Supreme Court has already agreed to hear another affirmative action case this session. That case deals with a white teacher who was laid off from her job in favor of a black teacher with equal qualification in Piscataway, New Jersey.

In Other News:

Thursday Sept. 4, 1997

Buddhist Nuns Admit Destroying Documents
Supreme Court Keeps Prop 209 In Force
Focus On Gore: Can He Survive The Heat?
Arizonans Rocked By Symington Verdict
Miami Voters Decide City's Fate
Congress To Dedicate Saturday To Diana

E-mail From Washington:
Reagan Also Made Fund-Raising Calls From White House
Congressional Dems Vow Slowdown

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