U.S. Court Is Asked to Uphold Prop. 187
- Share via
SAN FRANCISCO — Sponsors of Proposition 187 asked a federal appeals court Wednesday to allow enforcement of the voter-approved ban on education and public services for illegal immigrants because Gov. Gray Davis failed to defend it.
Davis announced last week that he had settled a lawsuit by immigrant rights groups by agreeing to drop the state’s appeal of a federal judge’s ruling that declared most of Proposition 187 unconstitutional.
“When the governor abandoned the defense of Proposition 187, the will of the people was frustrated by the very representative government that the initiative process is designed to represent,” the Pacific Legal Foundation said in papers filed with the 9th U.S. Circuit Court of Appeals.
In a final legal attempt to revive the 1994 ballot measure, the foundation argued that there is no longer any legal “controversy” between the state and opponents of Proposition 187.
Because the Constitution allows federal courts to hear only cases involving controversies between opposing parties, the judge’s ruling should be withdrawn and the suit dismissed, the foundation said.
The request, if granted, would require opponents to file a new suit and give supporters of the initiative a chance to defend it in court.
Sign up for Essential California
The most important California stories and recommendations in your inbox every morning.
You may occasionally receive promotional content from the Los Angeles Times.
