Monday, March 23, 2009

California Supreme Court Asks For Briefing On Constitutionality Of Prop. 209

The California Supreme Court has asked the Attorney General to file a brief in the Coral Construction case, which involves the constitutionality of Prop. 209. Here's the order: "The court requests the Attorney General to file a brief directed to the following two questions: (1) Does article I, section 31 of the California Constitution, which prohibits government entities from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public contracting, violate federal equal protection principles by making it more difficult to enact legislation on behalf of minority groups? (See Washington v. Seattle School Dist. No. 1 (1982) 458 U.S. 457; Hunter v. Erickson (1969) 393 U.S. 385.) (2) If yes, is section 31 narrowly tailored to serve a compelling governmental interest? The Attorney General may serve and file a letter brief on or before April 17, 2009. Plaintiffs and defendants may simultaneously serve and file letter briefs in response within 15 days after the filing of the Attorney General's brief." Here is a link to the Supreme Court's docket in the case.

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