Affirmative Action California Style—Proposition 209: The Right Message While Avoiding a Fatal Constitutional Attraction Because of Race and Sex
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Seattle University Law Review, Vol: 21, Issue: 2, Page: 281
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- affirmative action; proposition 209; equal protection; Constitutional Law
This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here because the mere repeal of existing legislation is permissible even if that repeal impacts racial minorities or women.