Court of Appeals for the Ninth Circuit April 2, 2012, 11-15100, 11-15241 (Coalition to Defend Affirmative Action v. Brown)

TASHIMA, Circuit Judge,

specially concurring in part and dissenting in pari:

Judge Silverman is, of course, entirely correct that Plaintiffs’ challenge to Proposition 209 is foreclosed by Coalition for Economic Equity v. Wilson, 122 F.3d 692 (9th Cir.1997) (“Wilson II”). I continue to believe now, as I did when the case was decided, that Wilson II was wrongly decided. See Wilson II, 122 F.