FOR IMMEDIATE RELEASE                                          CR
WEDNESDAY, JANUARY 29, 1997                        (202) 616-2777
                                               TDD (202) 514-1888

                          MEDIA ADVISORY

     WASHINGTON, D.C. --  The Justice Department today filed a
"friend of the court"--or amicus--brief in the Ninth Circuit
Court of Appeals saying a lower court was right to temporarily
ban state officials from implementing Proposition 209--the
California Civil Rights Initiative.  Prop. 209, passed in
November, would generally prohibit affirmative action in public
contracting, education, and employment throughout California.  

     In December, the Justice Department concluded Prop. 209 was
unconstitutional under existing Supreme Court precedent, and
indicated it would enter the case at an appropriate time. 
Shortly thereafter, the U.S. District Court in San Francisco
ruled Prop. 209 was likely unconstitutional and barred its
implementation until a full hearing on the merits could occur.
The Justice Department's amicus brief today opposes a request for
a stay of that injunction.  The Justice Department is not a party
in the case.

     Copies of the 28-page brief can be obtained through the
Justice Department's Office of Public Affairs, 10th Street &
Constitution Avenue, Room 1228.

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97-040