6
Friday, August 22, 1997
Appeals court upholds Proposition 209
■ A civil liberties attorney
plans to appeal the ruling
to the U.S. Supreme Court.
THE ASSOCIATED PRESS
SAN FRANCISCO A federal
appeals court reaffirmed its ruling
upholding California’s voter-approved
ban on race and sex preferences in affir
mative action on Thursday, meaning the
law could go into effect within a week.
The 9th U.S. Circuit Court of
Appeals said a request by civil rights
groups for a rehearing on Proposition
209 had failed to gain a majority among
the 18 judges eligible to vote. No vote
total was announced.
American Civil Liberties Union
lawyer Mark Rosenbaum said he would
appeal to the U.S. Supreme Court and
would ask that court to continue a ban
on enforcement of the measure during
the appeal, if the appeals court refused
to maintain that ban.
If neither court intervenes immedi
ately, Proposition 209 can be imple
mented in seven days under the court’s
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rules, Rosenbaum said.
He predicted the Supreme Court
would agree to review the case and said
23 states similar measures.
“This is the first time in the nation’s
history that state and local government
have had their hands tied when it comes
to remedying past discrimination against
minorities and women," the ACLU
lawyer said.
A lawyer for sponsors of the initiative
said the appeals court’s action makes it
unlikely the Supreme Court will review
the case.
But if the court grants review, “I am
confident it will find that the citizens of
California acted in the letter and spirit of
the Constitution when they voted to end
racial preferences last November,”
Michael Carvin, of the Center for
Individual Rights, said in a statement.
“So much for the ACLU’s ‘Alice-in-
Wonderland’ reading of the
Constitution, whereby it is somehow
discriminatory to end discrimination,”
he said.
The Clinton administration support
ed the ACLU’s challenge, filed on behalf
of minority and female students,
STATE & NATIONAL
“So much for the ACLU’s
‘Alice-in-Wonderland ’ reading
of the Constitution, whereby
it is somehow discriminatory
to end discrimination. ”
MICHAEL CARVIN
Center for Individual Rights
employees and contractors. Proposition
209, approved by 54 percent of the vot
ers, would prohibit preferences based on
race or sex in state and local government
employment, education and contracting.
The measure would eliminate a vari
ety of programs, including hiring goals
for minorities and women in state
employment and consideration of race
in public college admissions. University
of California Regents voted separately
to eliminate UC’s affirmative action pro
grams, starting with graduate school
admissions this year.
Enforcement of the initiative was
barred three weeks after the election by
Chief U.S. District Judge Thelton
Gingrich call motivates,
demonstrates new power
THE ASSOCIATED PRESS
WASHINGTON Newt Gingrich,
working to demonstrate his reclaimed
authority after last month’s failed coup
attempt, urged Republican colleagues
Thursday to use the rest of their sum
mer breaks to “keep driving home” the
GOP message.
The House speaker told members not
to become complacent but to keep
repeating to hometown audiences the
triumphs of the GOP-led Congress, par
ticularly the largest tax cut in 16 years
and balanced-budget legislation.
“Bill Clinton ought to be sort of a
model for us. He is very willing to
repeat, repeat, repeat,” the House
speaker said of the president in an
unconventional telephone conference
call, where GOP members could hear
him but not talk back.
Gingrich aides said about 40 GOP
members or designated staffers were on
the line.
Gingrich and Rep. John A. Boehner,
Henderson of San Francisco, who said
opponents might prove it unconstitu
tional.
Henderson said the measure, though
neutrally worded, would abolish only
programs benefiting minorities and
women, while leaving other groups,
such as veterans and children of college
alumni, free to ask government agencies
for preferential treatment.
He relied on a 1982 Supreme Court
ruling striking down a Washington state
initiative prohibiting school boards from
ordering busing for integration. The
court said the measure discriminated
against minorities by preventing them
from seeking local remedies.
But a three-judge panel of the appeals
court overruled Henderson on April 8,
saying not only that opponents were not
entitled to an injunction against the
measure but also that it was clearly con
stitutional.
Proposition 209 “addresses in neutral
fashion race-related and gender-related
matters” in the spirit of the constitu
tional guarantee of equal protection
under the law, said Judge Diarmuid
O’Scannlain in the 3-0 decision.
W?" .
R-Ohio, chairman
of the House
Republican
Conference, led
members through
a choreographed
tour of how best
to promote the
GOP agenda as
Congress prepares
to begin its fall ses
sion.
“We have a
very good mes
sage to say. My
fear is, frankly,
that (GOP mem
bers) will get tired
of saying it, or
House Speaker
NEWT GINGRICH,
R-Georgia, encouraged
Republican House
members to
emphasize GOP
triumphs.
will simply wander off and decide they
don’t have anything to do for awhile,”
Gingrich said.
The speaker also talked about his
hopes to have “a tax cut every year” and
said he found that line was a good
crowd-pleaser.
“I think you’ll find that’s a nice final
moral boost as you finish talking about
taxes back home with your con
stituents,” he said.
The phone conference call carried a
high degree of symbolism, since
Gingrich was joined by a cheerful
sounding Boehner, one of four
Republican leaders who apologized to
colleagues for their behavior during the
failed attempt to topple Gingrich.
“We’re winning the message war,”
Boehner told listeners.
He suggested that they find back-to
school events in the coming days at
which to speak to tout the newly passed
education tax breaks and make heavier
use of mail.
Christina Martin, a Gingrich spokes
woman, called Gingrich’s conference
call “a progress report as much as a
cheerleading session” for members.
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IN THE NEWS
Top stories frosts the state, nation and world.
FBI sharpshooter faces
charges of manslaughter
BONNERS FERRY, Idaho An
FBI sharpshooter who killed the wife of
white separatist Randy Weaver in the
1992 standoff at Ruby Ridge was
charged with manslaughter Thursday.
A friend of Weaver’s, who was previ
ously cleared of federal charges in the
case, was charged with killing a federal
marshal.
Boundary County Prosecutor Denise
Woodbury filed the state charges after a
two-year federal investigation ended last
week with no charges being brought
against the FBI sniper, Lon Horiuchi, or
several high-ranking officials of the FBI.
The FBI siege spawned a nationwide
debate on the use of force by federal law
enforcement agencies.
FBI Director Louis Freeh said he
was “deeply disappointed” by
Woodbury's action. He said his agency
would do everything it could to defend
Horiuchi.
Kennedy assassination
course receives criticism
MISSION VIEJO, Calif. A com
munity college course on President
Kennedy’s assassination is being criti
cized for including guest speakers who
believe the slaying was plotted by the
Israeli intelligence agency.
The two-campus Orange County
Community College District, which
approved the Sept. 26-28 course
Monday, is advertising it as a “high
quality community education” offering.
The Anti-Defamation League said
one speaker, Washington author
Michael Collins Piper, denies the exis
tence of the Holocaust. The ADL
accused another speaker, Chicago
author Sherman Skolnick, of being on
the advisory board of the Spotlight,
which the group called the “most anti-
Semitic publication in America.”
Steven J. Frogue, president of the dis
trict’s seven-member board of trustees,
cast the tie-breaking vote approving the
course and plans to teach the three-day
seminar without charge.
Frogue did not return telephone calls
Wednesday but he told the Los Angeles
Times in an earlier interview that he
believes the ADL played a key role in
the Kennedy assassination.
“I believe Lee Harvey Oswald
worked for the ADL,” he said. “That’s
right... I believe the ADL was behind
it.”
Frogue denied making the comment
during Monday night’s meeting.
FREE MAIL
FROM PAGE 3
tern at the end of last school year.
“There really should not be anyone
on the system now that is not currently
enrolled at the University,” he said.
With about 3,500 former students
still using their free e-mail accounts,
though, the University does not have the
staff or the capacity to delete the
accounts, Smythe said. “We simply
don’t have enough people to get every
thing done that needs to be done.”
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The assassination, he said, “was a
joint enterprise conducted on the high
est levels of the American CIA, in col
laboration with organized crime —and
most specifically, with direct and pro
found involvement by the Israeli intelli
gence service, the Mossad.”
Investigators seek reason
behind train derailment
FORT WORTH, Texas Crews
spent Thursday extracting the remains
of two engineers killed when a runaway
Union Pacific train with no one aboard
collided head-on with another freight,
triggering a spectacular blaze.
Two crew members survived the
crash, which occurred about 11:30 p.m.
Wednesday after the unmanned train
somehow rolled from a side track onto
the line being used by a westbound
freight that had five locomotives and
114 cars, officials said.
Investigators were trying to deter
mine what caused the unmanned train
to roll free.
“That’s really the central focus of the
investigation: why these locomotives
rolled downhill a little over 9 miles,”
said Union Pacific spokesman Mark
Davis.
A large fire erupted after the crash as
more than 8,000 gallons of diesel fuel
leaked from the engines and ignited.
About 60 fire fighters brought the blaze
under control in about three hours.
Of the two crew members who
escaped, one was uninjured. The other
was treated for second- and third-degree
burns and an injured elbow. One fire
fighter was treated for heat exposure.
AMA asks to be released
from endorsement deal
CHICAGO The American
Medical Association, citing “errors in
judgment,” said Thursday it wants out
of its endorsement deal with Sunbeam
Corp.
After a week of stinging criticism,
AMA officials said they will ask
Sunbeam to release the doctors group
from the contract.
The contract was to place the AMA
logo on health care products in
exchange for a percentage of sales.
Not so fast, Sunbeam says.
“We have a contract with the AMA,
which we are prepared to honor, and we
expect them to honor it as well,”
Sunbeam Chairman Albert J. Dunlap
said in a statement.
The company is willing to meet with
the AMA but “we will not hesitate to
take all necessary actions to ensure that
the rights of Sunbeam and its share
holders continue to be protected,”
Dunlap said.
The AMA’s executive vice president,
P. John Seward, told reporters the con
tract was “an error.”
He apologized for “creating public
doubt about our motives” and pledged
that the AMA will not endorse products
or enter into exclusive arrangements
again.
FROM WIRE REPORTS
WATER
FROM PAGE 3
executive director Ed Kerwin said the
water shortage in the Hillsborough area
had not affected the area OWASA
serves. “As of right now, OWASA cus
tomers are not under any mandatory
conservation requirements,” he said.
Kerwin said using water carefully
was wise even during times when there
are no shortages.
“It’s always a good practice to con
serve."