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Sunday, December 12, 2010
As discussed in depth in the Chronicle of Higher Education, Judge Samuel Conti did not buy the plaintiff's argument that the legal landscape had changed significantly in the 13 years since the federal courts last upheld the ban passed by California in 1996.
The activist group that filed the latest California lawsuit, as well as a similar lawsuit challenging the preference ban adopted by Michigan's voters, had said its efforts in the court were motivated partly by a desire to throw a wrench into campaigns for similar referenda. Here, too, they appear to have been thwarted; about 60 percent of Arizona voters approved a preference ban there in last month's elections.