Davis Muddies Waters on Whether to Appeal Court Ruling on Prop. 187

Gov. Gray Davis said Thursday that Proposition 187’s ban on government benefits to illegal immigrants should be considered by the U.S. Supreme Court and, if upheld, he will enforce it.

But the governor confused matters by also saying that he has not decided whether he will continue a court appeal on the matter filed by his Republican predecessor--the only way, officials say, that the case can reach the high court.

“I am against 187, but I’m going to execute the laws of the state--that’s the oath I took when I was inaugurated,” Davis said at a news conference Thursday. “I’ll be bound by whatever the courts ultimately resolve on that issue. . . . At a minimum, it has to work all the way up to the U.S. Supreme Court.”

Davis aides were unable to clarify the governor’s comments. They emphasized that he has more meetings scheduled to discuss the lawsuit with his advisors and that he may still rule either way.

The governor is under pressure to drop the lawsuit from fellow Democrats and immigrant advocates who say that he has an opportunity to virtually end chances that the highly controversial 1994 ballot measure will ever be implemented.

Last year, Proposition 187’s attempt to ban health, education and social benefits for illegal immigrants was found unconstitutional by a federal judge. That decision was appealed by former Gov. Pete Wilson, a leading proponent of the measure during his 1994 reelection campaign.

Now Davis is responsible for the appeal, and attorneys from both sides say that it is probably too late for any party to revive the litigation if Davis decides to drop Wilson’s appeal.

Assembly Speaker Antonio Villaraigosa (D-Los Angeles) said Thursday that he will meet with Davis soon and urge him to end the lawsuit.

“The courts have spoken and Proposition 187 is unconstitutional,” he said. “I would expect that after thoroughly reviewing this matter that he would agree.”

Davis told reporters Thursday that he recently discussed the Proposition 187 case with his advisors for about an hour and a half. He said he will spend more time reviewing it in coming weeks.

Davis noted that the U.S. Supreme Court has ruled on some issues contained in Proposition 187, most notably a Texas case that blocked the state from denying public school access to illegal immigrant children.

“I said from the outset to people I thought this initiative would be struck down as unconstitutional because it directly contravenes two--not one, but two--U.S. court decisions under Ronald Reagan’s term,” Davis said. “And the only court that can undo a U.S. Supreme Court decision is the U.S. Supreme Court. So at a minimum it has to work all the way up to the U.S. Supreme Court and I doubt that they are going to change their mind.”