NewsHour: Proposition 209 in California – April 9, 1997

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Yesterday a federal appeals court panel in San Francisco upheld the constitutionality of a California measure outlawing state affirmative action programs. The measure known as Proposition 209, was adopted by California voters last November.

JIM LEHRER: The affirmative action story and to Margaret Warner.

MARGARET WARNER: Yesterday a federal appeals court panel in San Francisco upheld the constitutionality of a California measure outlawing state affirmative action programs. The measure known as Proposition 209, was adopted by California voters last November. The ballot measure read: "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." Yesterday’s decision overturns an injunction issued earlier by a lower court judge that had blocked implementation of the measure. For more on yesterday’s ruling and where the issue goes from here, we turn now to the NewsHour’s regular court watcher, Stuart Taylor, correspondent for the "American Lawyer," and "Legal Times." Welcome back, Stuart.

STUART TAYLOR, The American Lawyer: Nice to be here.

MARGARET WARNER: Before we go into yesterday’s ruling take us back to last November, Prop 209 is passed by the voters of California, and the supporters of affirmative action go immediately to a federal district court judge to get it overturned. What did the judge rule, and what was his basis?

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