Comment by Lisa White Shirley
The California Civil Rights Initiative, Proposition 209, repealed all affirmative action programs in California that are based on race or gender. The effect of Proposition 209 essentially removes the authority to address race and gender issues—and only race and gender issues-to a remote level of government: by amending the state constitution. Since 1969, the Hunter doctrine has protected against legislation that places special burdens on racial minorities. This Comment analyzes the Hunter doctrine's applicability to popular initiatives like Proposition 209, and more importantly, whether it is still a viable equal protection doctrine in the wake of the United States Supreme Court's recent affirmative action cases.
About the Author
Lisa White Shirley. J.D. candidate 1999, Tulane Law School.
Citation
73 Tul. L. Rev. 1415 (1999)