s*********5
发帖数: 5637 | 1 朱凯律师准备的，长知识。
http://1drv.ms/1m6IkwN
SCA5, a California Constitution amendment bill, is designed to undo Prop.
209 as to Affirmative Action. Its sponsor, Ed Hernandez, also introduced an
ill-fated state bill SB 185 in 2011, which passed both Houses but was
vetoed by Governor Brown -- Brown knew SB 185 ran afoul of Prop. 209 and
thus was unconstitutional. So Hernandez and his pals decided to undo Prop.
209 directly this time. Their ultimate goal, however, is obviously to
reinstate SB 185 and perhaps add something more.
SB 185 contains very aggressive languages with respect to Affirmative Action
. Under scrutiny, it literally clashes with the Equal Protection Clause,
despite its ostensible safe-harbor language purporting to avoid a 14th
Amendment challenge. The Supreme Court case law has already provided some
reasonable leeway for AA, but SB 185 aims to go beyond the boundaries of
Supreme Court AA jurisprudence. As Supreme Court litigation is always rare
and unpredictable, an unconstitutional bill such as SB 185 should be kept at
bay within California, i.e., at the SCA5 stage.
SCA5 passed Senate on 1/30/2014 and is now pending in the Assembly. The
exact date of voting in the Assembly is unknown, but definitely imminent.
We should try everything to delay and then block this bill in the Assembly.
Otherwise, the proposed constitutional amendment will be on the ballots in
11/2014. If it is finally passed, Affirmative Action will be implemented
aggressively in California; the Equal Protection Clause of the 14th
Amendment, whose case law is murky at best, will not be enough to deter such
AA implementations. When all of these happen, the Asian communities will
be penalized badly, and unfairly.
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Ed Hernandez is facing reelection this year too. This is the made up of his
district
http://en.wikipedia.org/wiki/California's_24th_State_Senat White
2.4% Black
64.7% Latino
18.5% Asian
0.4% Native American
0.1% Hawaiian/Pacific Islander
0.4% other
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