Friday, August 6, 2010
Supreme Court Upholds Prop. 209 Against Federal Challenge
The Supreme Court has held, in Coral Construction, Inc. v. City and County of San Francisco (here), that Prop. 209's ban on racial preferences does not violate the Equal Protection Clause. The Court held that the "political structure" doctrine, as applied in cases like Hunter v. Erickson and Washington v. Seattle School District No. 1, does not apply to bans on racially preferential treatment. However, the Court left the door open for San Francisco to try and prove that its affirmative action policy was required, not just permitted, by federal law.