On February 3, the District Court for the Northern District of California dismissed existing litigation challenging the constitutionality of Proposition 209 prior to its actual enforcement. Plaintiffs had previously requested that the Court dismiss this litigation in light of the Ninth Circuit ruling on April 8, 1997 upholding the measure against a facial, pre-enforcement constitutional challenge.

Mark Rosenbaum, Legal Director of the ACLU Foundation of Southern California and one of the attorneys for plaintiffs, stated that the Order "clears the way for future legal challenges to actual implementation of Proposition 209."

Rosenbaum stated "Proposition 209 has not seen the last of California's courtrooms. The Court's Order only concludes chapter one of a much longer work yet to be completed."