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California Public Utilities Commission, CPUC, El Paso Corp, Federal Energy Regulatory Commission (FERC), James Brosnahan, Joe Dunn, Mark Yudof, Michael Peevey, Ninth Circuit, William Fletcher

Ninth Circuit Rejects Claim UC President Mark Yudof Immune Under the 11th Amendment (TLR Note: Many Democratic Operatives Have Close and Unsettling Ties to the UC System: James Brosnahan, Joe Dunn, Judge William Fletcher, Michael Peevey, …)

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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About Leslie Brodie

Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.


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