In 1997, however, the Ninth Circuit rejected that argument in upholding Proposition 209 against a similar challenge.

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Proposition 209 was immediately challenged in court by its opponents.

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"First of all, if they say that, they just weren't paying attention, " he said, referring to his opposition to Proposition 209, the successful California ballot initiative that ended affirmative action programs.

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So Mr Connerly is helping to prepare a congressional bill that will do for the federal government what Proposition 209 did for California: ban state and local government from discriminating on the basis of membership of a group.

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