Monday, April 02, 2012

Coalition to Defend Aff. Action v. Brown (9th Cir. - April 2, 2012)

There are a lot of amici in this case.  But it doesn't matter.

Back in 1997, the Ninth Circuit reversed the grant of a preliminary injunction against Proposition 209 -- which bars affirmative action in (among other places) public California universities -- holding that it didn't violate the Equal Protection Clause.  It was a controversial decision, with substantial dissent, but it stood.

In 2010, plaintiffs brought a new lawsuit.  Alleging that, as applied, Proposition 209 violates the Equal Protection Clause.

The district court dismissed the lawsuit.  The Ninth Circuit affirms, holding -- like the district court -- that the Ninth Circuit's resolution of the previous lawsuit is dispositive, and requires that this lawsuit be dismissed as well.

And even Judge Tashima, who disagrees with the prior resolution, is forced to agree.

Wanting things doesn't always make them so.