U.S. Court Rejects Bid to Delay Prop. 209

SACRAMENTO —  Under a federal appeals court ruling issued Tuesday, Proposition 209’s landmark ban on government affirmative action programs will take effect Thursday unless an 11th-hour stay is issued by the U.S. Supreme Court.

The decision Tuesday by the U.S. 9th Circuit Court of Appeals in San Francisco denied a request from opponents of the 1996 ballot measure who wanted the affirmative action ban blocked until it can be considered by the U.S. Supreme Court.

The action caused activists on both sides to brace for the possible end of a historic battle that began with the measure’s march toward the ballot nearly two years ago.

“The efforts of a determined group of special interests to perpetuate racially biased decision making in this state are rapidly being exhausted,” said Gov. Pete Wilson, a principal backer of Proposition 209.

Proposition 209 was blocked by a federal judge shortly after it was approved by 54% of the state’s voters in November.

In April, that decision was overturned by a three-judge panel of the 9th Circuit. Opponents then asked for an appeal to the full 9th Circuit panel, but that request was denied last Friday.

In its written opinion Tuesday, the appeals court also rejected the opponents’ contention that the measure should continue to be blocked because it conflicts with previous decisions of the U.S. Supreme Court.

At the same time, the judges wrote that “it is clear that a state suffers irreparable injury whenever an enactment of its people or their representatives is enjoined.”

To further block the measure, they said, “would be tantamount to extending the preliminary injunction . . . that we have already held rests on erroneous legal premise.”

Attorneys for the American Civil Liberties Union, representing opponents of the ballot measure, were critical of the court’s decision and its review of the case.

“I think this is a very conservative panel, whose conduct from the beginning has been extreme and excessive,” said Ramona Ripston, executive director of the ACLU of Southern California.

ACLU attorneys say they are confident that the U.S. Supreme Court will hear the case. They say it deserves a high court review since similar measures are under consideration in 26 other states.

But supporters of Proposition 209 said they did not expect the Supreme Court to consider the matter. If it does, however, they promised to continue a fight.

“Undoubtedly, the ACLU and other opponents of Proposition 209 will rush to the U.S. Supreme Court to seek an emergency stay of this order,” state Atty. Gen. Dan Lungren said in a statement Tuesday evening. “My office will oppose such an attempt to further thwart this constitutionally sound enactment of law by California voters.”

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Times staff writer Bettina Boxall contributed to this story.