SCOTUS ruling on affirmative action sinks California’s ACA 7, reparations

The United States Supreme Court’s decision striking down affirmative action in college admissions should put an end to race-based proposals in California that seek to direct public funding and other benefits exclusively to those who meet some sort of test that comes down to skin color.

The first proposal that should be withdrawn is Assembly Constitutional Amendment 7, authored by Assemblymember Corey Jackson, D-Perris. ACA 7 would allow state funding of programs that “research” has shown to be beneficial to “specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.”

This is an unabashed attempt to circumvent the decision by California voters to reject discrimination or preferential treatment to “any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” That language was added to the state constitution by Proposition 209, approved by 54.5% of California voters in 1996. Californians stood by this view even more strongly in 2020, with 57.2% rejecting Proposition 16, a measure that would have repealed Proposition 209.

The analysis of ACA 7 prepared for the Assembly Judiciary Committee explains that the proposal’s “split approach of permitting targeted funding, but maintaining limits on other types of decision-making, is deigned to be better appealing to the electorate while eliminating the worst impacts of Proposition 209.”The Judiciary Committee was advised that as a result of the imminent Supreme Court decision in two cases—Students for Fair Admissions v.

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