Wilson
Coalition for Economic Equity v. Wilson
Opinion
Lead Opinion
ORDER
Defendant City and County of San Francisco (“San Francisco”), Defendant County of Marin (“Marin”), and all Plaintiffs-Appellees, except California Labor Federation, (together called “Applicants”) have filed emergency motions applying for a stay of the mandate in this ease pending petition to the Supreme Court of the United States for writ of certiorari. Notwithstanding that San Francisco and Marin are not parties to the appeal, we grant them leave to file the emergency motions. Briefs in opposition to the emergency motions were filed by Defendants-Appellants Pete Wilson, Governor, et al. (the “State”), and Defendant-Intervenor Californians Against Discrimination and Preferences, Inc. (“CADP”).
We have take into consideration all of the filings and the relevant principles which apply to the decision of a court of appeals to grant a stay of its mandate, which, in this case, would be tantamount to extending the preliminary injunction entered by the district court on December 23, 1996, which we have already held rests on an erroneous legal premise. See Netherland v. Tuggle, 515 U.S. 951 , -, 116 S.Ct. 4, 5 , 132 L.Ed.2d 879 (1995) (vacating stay where court of appeals failed…