LEAGUE OF UNITED LATIN AMERICAN CITIZENS v. WILSON

No. 97-55388.

131 F.3d 1297 (1997)

LEAGUE OF UNITED LATIN AMERICAN CITIZENS; Xavier Becerra, Congressman; Richard Polanco, Assemblyman; Mike Hernandez; Los Angeles City Councilman; Yvonne Braithwaite-Burke, Los Angeles County Supervisor; Victoria Castro, Los Angeles City Board of Education Member; Jeff Horten, Los Angeles City Board of Education Member; Jackie Goldberg, Los Angeles City Councilwoman; Edward Fortez, Pomona Mayor; G.I. Forum; Mexican-American Political Association; One-Stop Immigration; Fermandad Mexicana Nacional; United Californian Mexican-American Association; La Alianza; Casa De Alfarero; Jovenes, Inc.; Chicano Federation of San Diego, Inc.; Jorge Alberto Hernandez and Alanca Nayeli Hernandez, through their next-friend, Ignacio Hernandez; Carlos Alejandro and Carla Elena Burgos, through their next-friend, James Newton Jordan, III; Pablo Montes-Morales, Luis Iejia-Deras, and Jose Luis Ramirez, through their next-friend, Felipe Y. Fuentes, III; Gregorio T., Plaintiffs-Appellees, v. Pete WILSON, Governor of the State of California; California State Board of Education; Maureen Dimarco, California Superintendent of Public Instruction; William D. Dawson, Acting California Superintendent of Public Instruction; Orange Unified School District; Tustin Unified School District; San Diego Unified School District; Eloise Anderson, Director, California Department of Social Services; Kimberly Belshe, Director, California Department of Health; Dan Lungren, Attorney General of California, Defendants-Appellees, Alan C. Nelson Foundation of Americans for Responsible Immigration, a California Corporation, Applicant for Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1997.


Attorney(s) appearing for the Case

Sharon L. Browne, Mark T. Gallagher, Pacific Legal Foundation, Sacramento, CA, for intervenor/appellant The Alan C. Nelson Foundation of Americans for Responsible Immigration.

Peter A. Schey, Carlos Holguin, Miranda D. Junowicz, Center for Human Rights and Constitutional Law, Los Angeles, CA, for plaintiff/appellee League of United Latin American Citizens.

Mark Rosenbaum, Peter Eliasberg, ACLU Foundation of Southern California, Los Angeles, CA; Thomas A. Saenz, Mexican American Legal Defense and Educational Fund, Los Angeles, CA, for plaintiff/appellee Gregorio T.

Daniel E. Lungren, Attorney General; Charlton G. Holland, III, Senior Assistant Attorney General; Donald P. Cole, Deputy Attorney General, San Francisco, CA, for defendants/appellees Pete Wilson, Governor, et al.

Before O'SCANNLAIN, FERNANDEZ, and THOMAS, Circuit Judges.


O'SCANNLAIN, Circuit Judge.

We must decide whether an applicant for intervention seeking to participate in the trial litigation surrounding California's Proposition 187 may do so.

I

On November 8, 1994, the California electorate enacted Proposition 187 by a 59% to 41% margin. In passing Proposition 187, the People of California "found and declared that they had suffered ... economic hardship caused by the presence of illegal aliens in th[e] state...

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