Bill Challenging Prop 209 Which Bans Affirmative Action in UC Admissions

Undoubtedly, the bill – if enacted – would end up at the California Supreme Court.

Bill allowing UC, CSU to consider race, gender, economic background in admissions passes key committee (excerpt)

Beige Luciano-Adams, San Gabriel Valley Tribune, 07/05/2011

A bill authored by Sen. Ed Hernandez, D-West Covina, that would allow public universities to factor race, ethnicity, gender and economic status in student admissions passed the Assembly’s Higher Education Committee on Tuesday by a 5-3 vote. According to Hernandez, the purpose of Senate Bill 185 is to address a significant drop in minority enrollment at both UC and CSU campuses – particularly among Latinos and African Americans – since the passage of Proposition 209 in 1996. Proposition 209 prohibits public institutions from considering students’ race, ethnicity, sex or other categories…

Because it could cost the state money if it were to trigger a legal challenge on the basis of Proposition 209, the bill must be approved by the Assembly’s appropriations committee. Both houses approved a similar bill by Hernandez last year before then-Gov. Arnold Schwarzenegger vetoed it. Gov. Jerry Brown’s office said he would not comment on the bill before it reaches his desk. However, as attorney general in 2009, Brown filed a brief challenging the constitutionality of Proposition 209, arguing it violates the Equal Protection Clause to the extent that it bars race-or gender-conscious programs permissible under the 14th Amendment.

Full article at http://www.sgvtribune.com/news/ci_18416330