The Supreme Court repeatedly says that its refusal to hear an appeal says nothing about the merits of the case.
The Supreme Court also refused to review Hopwood, where the Fifth Circuit had held precisely the opposite of the Ninth Circuit.
And now it's hearing the University of Michigan cases, where the Sixth Circuit agreed with the Ninth Circuit, and disagreed with the Fifth Circuit.
Q Sir, last week in this room, you came out against quotas, which have been unconstitutional for 25 years. You didn't answer the central question, and that is whether race can be used as a factor in admissions. Dr. Rice says it could be, Colin Powell says it should be. What is your position? Can it be used as --
THE PRESIDENT: Well, my position is, is that as the -- as the brief says, that there are clearly unconstitutional means to achieve diversity, there are race-neutral ways to achieve diversity which I have put in place as the governor of Texas, and that we'll leave the Court to define the outer limits of the constitution.
Adam.
Q Yes, Mr. President --
Q You won't answer that question then?
THE PRESIDENT: I just answered it.
Q Whether or not you believe --
THE PRESIDENT: No, I answered it. The courts will make the definition of the outer limits of the -- and as Condi Rice said, she felt very comfortable in saying on national TV the decision I made was the right decision.
http://www.freerepublic.com/focus/news/826710/posts
That's true. I was only bringing up the 9th because you brought up the 5th. What the 5th said on Powell's language is not supported by the SCOTUS.
Hopefully, the SCOTUS will address Powell's language this time.