President Bush did not wimp out. The Solicitor General argued in opposition to both the law school and the undergrad admissions policies:
* Federal Brief: Grutter v. Bollinger
* Written by Ted Olson on behalf of the Bush Administration opposing the Law School's affirmative action guidelines
* Submitted January 16, 2003
http://news.findlaw.com/cnn/docs/grutter/grutterum11603brf.pdf * Federal Brief: Gratz v. Bollinger
* Written by Ted Olson on behalf of the Bush Administration opposing the University of Michigan's undergraduate admissions guidelines
* Submitted January 16, 2003
http://news.findlaw.com/cnn/docs/gratz/gratzum11603brf.pdf
Notice how those briefs fail to argue that racial diversity is NOT a compelling governmental interest (as Ted Olson had wanted them to do.)