The ruling marked the second time this court has turned back a challenge to California’s voter initiative Prop 209, which was passed in 1996.
Proponents of affirmative action requested that the court reconsider its 1997 decision after the U.S. Supreme Court ruled in 2003 that affirmative action could be used in admissions decisions, and said they would continue their fight.
Attorney George B. Washington, who is representing the minority students and advocacy groups that filed the latest challenge to Prop 209, said he would ask the full appellate court to review the case since this decision was issued by a three-judge panel.
In its ruling, the court rejected the plaintiffs’ arguments that a new ruling is needed and said the previous decision still applies.
At least six states have adopted bans on using affirmative action in state college admissions decisions. Other than California, they include Michigan, Arizona, Nebraska, Oklahoma and Washington.
— Angela Swartz