"The ACLU has reviewed the Order of the Ninth Circuit Court of Appeals staying all appeals in the Proposition 187 litigation, and referring the appeals for mediation. We continue to believe that Governor Davis has both the authority and obligation to dismiss the appeal given his frank public acknowledgment that Proposition 187 is unconstitutional.

"Whether through mediation or otherwise, we will listen to any offer presented by the Governor. To date, we have received no such offer. But we will never accept an offer that removes children from classrooms, or denies health care or social services to needy individuals to which they are entitled.

"Real commitment to healing the divisions among Californians would result in dismissal of this appeal. To do less is to open up yesterday's wounds."