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Supervisors of the Lost Cause

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The tiny cabal of white men who control the Los Angeles County Board of Supervisors is really in trouble now. Another court ruled that they discriminated against Latinos when they redrew district lines in 1981. Yet the board may waste more taxpayers’ money to further appeal its lost cause. The supervisors should think again. Judge after judge is seeing the county’s case for the sham it is.

Last week the U.S. 9th Circuit Court of Appeals upheld a decision by U.S. District Judge David V. Kenyon that ordered an election in a new, realigned 1st supervisorial district.

Kenyon’s decision had the unfortunate effect of nullifying the June primary election to replace retiring Supervisor Pete Schabarum. In that election, Schabarum aide, Sarah Flores was the top vote-getter against Superior Court Judge Gregory O’Brien. Both candidates still could run in a new election against any other candidates.

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While that’s not especially fair to Flores or O’Brien, they knew the risk they were taking when they ran while a lawsuit was pending. The fault lies not with the courts, which are only upholding the Voting Rights Act, but with the stubborn three-man board majority. They’ve already spent about $5 million on this case at a time while denying many decent health care. Now they say they’ll appeal, if need be, all the way to the U.S. Supreme Court.

Before they do, they should ponder the dissent by a conservative member of the three-judge panel that upheld Kenyon. While he questioned the new 1st district lines, Judge Alex Kozinski agreed with Kenyon’s “careful finding” in the case, writing that it showed clear discrimination.

“This case will be remembered,” Kozinski wrote, “for its lucid demonstration that elected officials engaged in a single-minded pursuit of incumbency can run roughshod over the rights of protected minorities.”

The trio on the county board claim to be conservatives, but they’re spending public money liberally to protect themselves. If a smart conservative judge can see through their case, the Supreme Court could, too. They should drop this loser now. L.A. County’s changing, boys, and it’s time to get with the new program.

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