SAN FRANCISCO — Attorney General Jerry Brown offered some support to San Francisco’s effort to save an affirmative action program by calling into question the constitutionality of Proposition 209, the 1996 ballot initiative that for all intents ended minority preference programs in California.
In an amicus curiae letter (.pdf) filed with the California Supreme Court in a case challenging a San Francisco minority contracting program, Brown opined that Prop 209 — now section 31, article I of the California Constitution — is constitutional so long as its prohibitions are aligned with those enforced under the Fourteenth Amendment’s equal protection clause.
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