Ward CONNERLY, Plaintiff and Appellant,
v.
STATE PERSONNEL BOARD et al., Defendants and Respondents;
California Business Council for Equal Opportunity et al., Real Parties in Interest and Appellants.
Court of Appeals of California, Third District.https://leagle.com/images/logo.png
September 4, 2001.
September 4, 2001.
Attorney(s) appearing for the Case
Pacific Legal Foundation, Anthony T. Caso and Sharon L. Browne, Sacramento, for Plaintiff and Appellant.
Bill Lockyer, Attorney General, Manuel M. Medeiros and Linda A. Cabatic, Senior Assistant Attorneys General, Catherine M. Van Aken and Paul H. Dobson, Deputy Attorneys General, for Defendants and Respondents California State Treasurer and California State Lottery Commission.
State Personnel Board, Elise S. Rose, Chief Counsel, and Dorothy Bacskai Egel, Sacramento, for Defendant and Respondent State Personnel Board.
Office of Legal Services and Jeff Marschner, Sacramento, for Defendant and Respondent General Services.
California Community Colleges, Chancellor's Office, Ralph D. Black, General Counsel, Sacramento, for Defendants and Respondents Thomas Nussbaum as Chancellor, etc. and Board of Governors of the California Community Colleges.
Munger, Tolles & Olson, Bradley S. Phillips, Fred A. Rowley, Jr., Los Angeles, Elizabeth Earle Beske, San Francisco, Steven B. Weisburd, Los Angeles, and Jeffrey L. Bleich, San Francisco; ACLU Foundation of Southern California and Mark Rosenbaum, Los Angeles; Mexican American Legal Defense and Educational Fund, San Francisco, Theresa Fay Bustillos and Thomas A. Saenz, Los Angeles; Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Eva J. Paterson, San Francisco, Oren M. Sellstrom, Woodland, Michael Harris, San Francisco, and Nancy Stuart, Auburn; California Women's Law Center, Abby J. Leibman and Paula Pearlman, Los Angeles; Employment Law Center, William McNeil and Julian Gross, San Francisco; Equal Rights Advocates, Inc. and Beth Parker, San Francisco; Loyola Law School and Karl Manheim, Los Angeles; ACLU Foundation of Northern California and Edward Chen, San Francisco, for Real Parties in Interest and Appellants.
Louise H. Renne, San Francisco City Attorney, Randy Riddel and Teresa L. Strieker, Deputy City Attorneys, for Local Public Entities as Amici Curiae on behalf of Real Parties in Interest and Appellants.
Michelle M. Yoshida for Mary Frances Berry et al. as Amici Curiae on behalf of Real Parties in Interest and Appellants.
Court of Appeals of California, Third District.
SCOTLAND, P.J.
In this case, we consider whether five statutory programs that fall within the general rubric of "affirmative action" violate state and federal principles of equal protection and are contrary to article I, section 31, of our state Constitution, added by the adoption of Proposition 209 at the November 1996 General Election (hereafter Proposition 209).
The litigation, commenced by Governor Pete Wilson in his official capacity as Governor, challenges...
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