A Proposition 187 case, which Fox News legal analyst Judge Andrew Napolitano implies is guiding, was never appealed to the Supreme Court, based on this LA Times article:
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Davis Won't Appeal Prop. 187 Ruling, Ending Court Battles
By PATRICK J. McDONNELL, TIMES STAFF WRITER
July 29, 1999
Attorneys for Gov. Gray Davis and civil rights organizations have reached an agreement to end the litigation surrounding Proposition 187, effectively killing the landmark 1994 ballot referendum that targeted illegal immigrants and became a pivotal juncture in California's political life.
Davis has agreed not to appeal an earlier federal court ruling that held much of the initiative to be unconstitutional. The agreement, which is expected to be filed today with the U.S. 9th Circuit Court of Appeals in San Francisco, almost certainly will prevent the case from going to the U.S. Supreme Court, said lawyers on both sides of the case.
...The agreement, in essence, preserves a decision handed down last year by U.S. District Judge Mariana R. Pfaelzer in Los Angeles, lawyers familiar with the case said. Pfaelzer found that Proposition 187 was unconstitutional because it conflicted with federal authority in immigration law.
http://articles.latimes.com/1999/jul/29/news/mn-60700=======================================================================================================
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