The Supreme Court denied a writ of certiorari in the case of Coalition for Economic Equity v. Wilson filed by the American Civil Liberties Union and other civil rights organizations following the passage of the ballot initiative in November 1996.

"We are deeply disappointed with the high court's ruling," said Ed Chen, staff counsel with the ACLU of Northern California, and one of the attorneys who brought the challenge. "This leaves cities and counties in a horrible dilemma, without guidance on how to comply with federal law against discrimination and with Proposition 209 which bans affirmative action remedies.

"This ruling also leaves the nation without guidance as to the constitutionality of similar laws," Chen said.

"We are now left with these gaping questions: What does 209 really mean? To what extent does federal law require affirmative action?

"This ruling leaves lots of open questions as cities, counties and other local government agencies try to comply with federal anti-discrimination law and anti-discrimination obligations under the state Constitution, as well as with the divisive, discriminatory Proposition 209," Chen said.

"I also want to warn that we should not read too much into this -- this is not an affirmance by the court of Proposition 209, it is simply a refusal to hear the case," he added. "This could be for any number of reasons, including that the meaning of 209 is not clear yet -- courts often want to see what a measure really means before determine constitutionality.

"Moreover, ours was a facial challenge -- meaning that we challenged the entire law," Chen noted. "This still leaves open the question as to whether 209 is constitutional in specific instances.

"The incoming class at Boalt Hall reminds us what can lie ahead with Proposition 209. We do not think that the voters of California want to resegregate this state or to turn back the clock on equal opportunity for women and minorities.

"That is why civil rights advocates will continue to fight on many fronts -- in the courts, in the Legislature and through grassroots activism and education -- to ensure that racial and social justice do not wither on California's vines," Chen concluded.