The panel upheld San Francisco U.S. District Senior Judge Samuel Conti, who refused to grant Yudof immunity under the 11th Amendment but dismissed the suit for failure to state a claim.
Applying two past cases, the panel noted that Yudof has a “fairly direct” connection to the enforcement of Prop 209. “He is duty-bound to ensure that his employees follow it and refrain from using race as a criterion in admission decisions,” Judge Barry Silverman wrote for the panel. Silverman rejected Yudof’s argument that he is merely “implementing,” not “enforcing” it.
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