California Supreme Court

Coral Construction, Inc., Plaintiff and Respondent v. City and County of San Francisco, — Corrigan, J…

August 2, 201050 Cal. 4th 315

Summary

The concurrence agrees with affirming the judgment but offers additional reasons why the political-structure doctrine does not invalidate California Constitution article I, section 31. It emphasizes that section 31 applies broadly to race, sex, color, ethnicity, and national origin across public employment, education, and contracting, rather than singling out one racial issue or government activity. The concurrence also observes that later equal-protection decisions treating racial classifications as presumptively unconstitutional create tension with the political-structure doctrine and suggests that the United States Supreme Court should clarify the doctrine's continued viability.