As discussed at more length here in the Chronicle of Higher Education, the California Supreme Court has upheld that state's Proposition 209 ban on affirmative-action preferences, in a case involving public contracting by the city of San Francisco. In a 6-to-1 ruling, the state's highest court rejected San Francisco's argument that Proposition 209 violates the U.S. Constitution's Equal Protection Clause because it creates barriers for minority and female contractors that are not faced by other constituencies seeking favored treatment. The decision that left open the possibility that San Francisco can show its preferential contracting program is necessary to remedy discrimination.
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