Christina Hoag
Court upholds California affirmative action ban
LOS ANGELES (AP) — Affirmative action proponents took a hit Monday as California’s ban on using race, ethnicity and gender in admitting students to public colleges and universities was upheld by a federal appeals court panel.
The ruling marked the second time the 9th U.S. Circuit Court of Appeals turned back a challenge to the state’s landmark voter initiative, Proposition 209, which was passed in 1996.
Affirmative action proponents, who had requested that the court reconsider its 1997 decision after the U.S. Supreme Court ruled in 2003 that affirmative action could be used in college admissions, said they would continue fighting.
“We think the decision is wrong,” said Detroit attorney George B. Washington, who is representing the group of minority students and advocacy groups that filed the latest challenge in January 2010.
Washington said he would ask the full appellate court to review the case since this decision was issued by a three-judge panel.
In its ruling, the court rejected the plaintiffs’ arguments that a new ruling is needed and said the previous decision still applies.
Universities may implement race-based admissions programs, but they are not constitutionally required, the court said.
Ralph Kasarda, attorney with the Pacific Legal Foundation who had argued against overturning the ban, said the court’s decision was not surprising since the issue had already been decided. This case was redundant and baseless, he said.
“The bottom line from both decisions by the 9th Circuit — today’s and the ruling 15 years ago — is that California voters have every right to prohibit government from color-coding people and playing favorites based on individuals’ sex or skin color,” Kasarda said in a statement.
At least six states have adopted bans on using affirmative action in state college admissions. Besides California and Michigan, they include Arizona, Nebraska, Oklahoma, and Washington.
Advocates of affirmative action say such bans lead to the exclusion of minority students and less campus diversity.
In California, the year after ban was adopted, the number of black, Latino and Native American students at the University of California’s most prestigious campuses — Berkeley and Los Angeles — plummeted by 50 percent, the opinion said.
The university has tried to compensate for the drop in those students by using other admissions criteria, including a “comprehensive review” of applicants, admitting the top 4 percent of graduates from any high school and decreasing the weight of standardized tests, the opinion said.
But affirmative action proponents say the measures have not been enough to boost opportunities for historically excluded minorities.
Although blacks, Latinos and Native Americans comprise about half of California’s high school graduates, they make up only 19.5 percent of the current freshman class at UC Berkeley. Whites compose roughly 30 percent and Asians 48 percent. The remainder is out-of-state students.
Backers of affirmative action bans say ruling out race, gender and ethnicity criteria guarantees that all applicants are treated fairly and not discriminated against.
The issue has led to protracted legal battles in several states.
In 2003, the U.S. Supreme Court said the University of Michigan Law School could consider race in admissions decisions to promote campus diversity.
That decision led to a three-judge panel of the U.S. 6th Circuit Court of Appeals overturning Michigan’s affirmative action ban last year. The full appellate court, however, has agreed to reconsider the case.
In February, the U.S. Supreme Court agreed to hear another case against the University of Texas, alleging that use of affirmative action is discriminatory. If the court decides against the university, the ruling could definitively end consideration of race in public university admissions.
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Police in L.A., Philly raid Occupy camps
Hundreds arrested overnight as cops break up two of the largest remaining protester encampments
Los Angeles police officers stand by a sack containing wrist restraints late Tuesday, as they prepare to evict protesters from the Occupy Los Angeles encampment outside City Hall. (Credit: AP/Lucy Nicholson) LOS ANGELES (AP) — Police in Los Angeles and Philadelphia stormed Occupy Wall Street encampments under darkness Wednesday to arrest or drive out some of the longest-lasting protesters since crackdowns ended similar occupations across the country.
Dozens of officers in riot gear flooded down the steps of Los Angeles City Hall just after midnight and started dismantling the two-month-old camp two days after a deadline passed for campers to leave the park. Officers in helmets and wielding batons and guns with rubber bullets converged on the park from all directions with military precision and began making arrests after several orders were given to leave.
Continue Reading Close3 arrests as police clear Occupy L.A. protesters
Hundreds had gathered in streets after passing deadline to vacate City Hall park encampment
A crowd gathers at the Occupy LA protestors' camp outside of Los Angeles City Hall in Los Angeles on Sunday, Nov. 27, 2011. (Credit: AP/Phil McCarten) LOS ANGELES (AP) — Police have arrested three people after ordering Occupy Los Angeles protesters to leave a downtown intersection.
The arrests came after hundreds of people gathered in the street after a deadline passed to vacate a City Hall park encampment.
Water bottles were thrown at officers as officers in riot gear started clearing 1st and Main streets just after 5 a.m. Monday.
The police department has been on tactical alert, meaning the late night watch was held over, since midnight.
At 4:50 a.m., police on loudspeakers declared an unlawful assembly and protesters were told to get out of the street within five minutes.
Commanders corralled demonstrations beck to the City Hall park, telling them they won’t be arrested there.
Many tents were dismantled as the deadline loomed.
Ammo seized at Bulger apartment
Bullets and firearms were removed from the fugitive mobster's Santa Monica residence on Thursday
An FBI agent holds an evidence bag outside an apartment complex where fugitive crime boss James "Whitey" Bulger and his longtime companion Catherine Greig were arrested in Santa Monica, Calif., Thursday, June 23, 2011. The Boston mob boss was captured near Los Angeles after 16 years on the run that embarrassed the FBI and exposed the bureau's corrupt relationship with its underworld informants. (AP Photo/Jae C. Hong)(Credit: AP) FBI agents have hauled ammunition and bags labeled as containing weapons out of the Santa Monica, Calif., apartment building where Boston mob boss James “Whitey” Bulger was captured after 16 years on the run.
One clear plastic bag removed Thursday morning contained boxes of .357 Magnum bullets, and another bag was labeled miscellaneous firearms and accessories.
Numerous other pieces of evidence in paper bags were also carried out and placed in a law enforcement truck.
Agents arrested the 81-year-old Bulger and longtime girlfriend Catherine Greig late Wednesday after receiving a tip and setting up surveillance.
Bulger had a $2 million reward on his head and rose to No. 1 on the FBI’s Ten Most Wanted list after Osama bin Laden was killed.
Friends say Americans killed by pirates were careful
The Four Americans shot to death by Somali pirates yesterday were not known to be risk-takers
FILE - In this June 11, 2005 file photo provided by Joe Grande, Phyllis Macay and Bob Riggle are seen on a yacht in Bodega Bay, Calif. The U.S. military says Tuesday, Feb. 22, 2011 that pirates killed four American hostages they were holding on the yacht Quest off Somalia's coast. The victims are the Quest's owners, Scott and Jean Adam of California, and Macay and Riggle, both of Seattle. (AP Photo/Joe Grande, File) NO SALES(Credit: AP) They were four adventure seekers who loved the sea and wanted to see the world. Friends said they were meticulous and planned for any dangers, but even that couldn’t prepare them for the Somali pirates who stormed their yacht and took their lives.
The boat’s owners, Jean and Scott Adam of Marina del Rey, along with Bob Riggle and Phyllis Macay of Seattle, were shot to death early Tuesday, after pirates took them hostage on Friday about several hundred miles south of Oman.
Macay’s niece, Nina Crossland, told reporters Tuesday that her aunt was “a very smart and avid sailor.”
Continue Reading CloseJudge orders disaster plan for L.A.’s disabled
Lawsuit stems from the abandonment of the disabled during Hurricanes Katrina and Rita due to lack of planning
The city of Los Angeles discriminates against disabled people because it lacks specific plans to meet their needs in the event of a natural disaster or other emergency, a federal court ruled Friday, the first such decision in the country.
“Because of the city’s failure to address their unique needs, individuals with disabilities are disproportionately vulnerable to harm in the event of an emergency or disaster,” U.S. District Court Judge Consuelo Marshall said.
Marshall ordered the city to meet with the plaintiffs, Audrey Harthorn, a Los Angeles resident who uses a wheelchair, and Communities Actively Living Independent and Free, a Los Angeles nonprofit independent living center, in the next three weeks to come up with a disaster plan for disabled people.
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