The ACLU believes that the Governor has both the constitutional authority and the constitutional obligation to dismiss the appeal in the Proposition 187 litigation. Gov. Davis has been quoted, as recently as yesterday in the Los Angeles Times, as stating that he believes Proposition 187 is unconstitutional. The Governor's oath to uphold our federal constitution accordingly requires that he cease to attempt to enforce all laws, including Proposition 187, which he believes to be unconstitutional.
We have to date received no offers of settlement of this litigation. As all attorneys, we are willing to listen to any offer an opposing party makes to settle a case. We will respond to any offer presented, whether through mediation or otherwise. So that there be no confusion or concern among the communities we represent, we want to be clear that we will accept no offer that removes children from schools they attend, or denies needy individuals the necessary health care or social services to which they are entitled.
We look forward to receiving any appropriate offer the Governor has to make.