"This case involves critical questions regarding the ability of cities and states to address historic discrimination and deserves a review by our nation's highest court."

Background:

The ACLUs of Northern and Southern California and San Diego/Imperial Counties, along with a coalition of civil rights groups filed suit -- Coalition for Economic Equity vs Wilson on November 6, 1996 to block implementation of Prop. 209, the anti-affirmative action measure passed by California voters November 5.

On December 23, a U.S. District Court judge issued a preliminary injunction barring state and local governments from enforcing the measure.

Prop. 209 proponents appealed to the Ninth Circuit Court of Appeals, and on April 8, 1997, a three-judge panel reversed the district court decision and ruled Prop. 209 constitutional.

On April 22, plaintiffs sought a full-court review by the Ninth Circuit, a request which was denied on August 21.

Plaintiffs immediately sought an emergency stay from the Ninth circuit pending review by the Supreme Court. That request was denied, although on August 28, two Ninth Circuit judges issued strong dissenting opinions.

On August 29, plaintiffs sought a stay and a review by the United States Supreme Court. This afternoon, the Supreme Court denied the petition for a stay.