AMERICAN CIVIL RIGHTS FOUNDATION, Plaintiff and Appellant,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Respondent;
ANA CECILIA ALVAREZ et al., Interveners and Respondents.
Court of Appeals of California, Second District, Division Five.https://leagle.com/images/logo.png
December 19, 2008.
December 19, 2008.
Attorney(s) appearing for the Case
Pacific Legal Foundation, Sharon L. Browne, Harold E. Johnson, Paul J. Beard II and Elizabeth A. Yi for Plaintiff and Appellant.
Baker & Hostetler and Peter W. James for Defendant and Respondent.
ACLU Foundation of Southern California, Catherine E. Lhamon, Mark D. Rosenbaum; NAACP Legal Defense and Educational Fund, Inc., Anurima Bhargava, Holly A. Thomas, Leticia Smith-Evans; Skadden, Arps, Slate, Meagher & Flom, Jason D. Russell, Stacy R. Horth-Neubert; Asian Pacific American Legal Center, Julie A. Su; Hadsell & Stormer, Inc., Virginia Keeny, Anne K. Richardson; Mexican and American Legal Defense and Educational Fund, Cynthia Valenzuela; Hernan D. Vera and Laura F. Faer for Interveners and Respondents Ana Cecilia Alvarez, Darryl Anderson, Maria Cardenas, Coalition for Education Justice, Andrea Dietrich, Norma Echeagaray, Gwen Kenneally, Stephanie Kerley-Schwartz, Dorothea Logan, Simon Maskell, Mara Jean Ziegler and Peter Nathan Ziegler.
Winifred Kao; Scheff, Washington & Driver, Shanta Driver and George B. Washington for Interveners and Respondents Minerva Almaraz, Felisa Argueta, Henderson Thomas, Susan Yamasaki, Barbara Greenfield, United For Equality and Affirmative Action Legal Defense Fund, Coalition to Defend Affirmative Action, Integration & Immigrant Rights and Fight for Equality by Any Means Necessary.
Court of Appeals of California, Second District, Division Five.
OPINION
KRIEGLER, J.
The issue presented in this appeal is whether the "Magnet" and "Permit with Transportation" (PWT) programs of defendant Los Angeles Unified School District (the District) violate Proposition 209 (Cal. Const., art. I, § 31, eff. Nov. 6, 1996) because the programs take into account a student's race or ethnicity in determining admission. Proposition 209 prohibits favorable or discriminatory consideration of race or ethnicity in public...
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