Brief of Committee of Law Professors and Historians as Amici Curaie, in Support of Plaintiffs-Appellant, Coalition to Defend Affirmative Action v. Brown, 674 F.3d 1128 (2012) (No. 11-15100, 11-15241)

Authors

• Wilson Huhn, University of Akron School of LawFollow

Document Type

Court Filing

Publication Date

1-13-2012

Abstract

The purpose of this brief is to place the dispute over affirmative action in California’s public universities within a broader historical context.  State constitutional amendments such as Proposition 209 are not uncommon in American history.  In reaction to calls for reform from a minority group – whether it be the end of slavery, the enactment of non-discrimination laws, or the adoption of voluntary programs of racial integration – the majority has often responded by attempting to prevent the debate from occurring, by denying members of the minority group the opportunity to participate in the political process, or by making it impossible for the government to adopt the reform.  State constitutional amendments like Proposition 209 are unconstitutional because they deny minority groups the equal right to achieve their goals through the normal political process.

Publication Title

United States Court of Appeals for the Ninth District

Recommended Citation

Huhn, Wilson, "Brief of Committee of Law Professors and Historians as Amici Curaie, in Support of Plaintiffs-Appellant, Coalition to Defend Affirmative Action v. Brown, 674 F.3d 1128 (2012) (No. 11-15100, 11-15241)" (2012). Con Law Center Amicus Briefs. 3.
https://ideaexchange.uakron.edu/conlawakronamicus/3