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White House set to stay out of affirmative-action case
Washington Times ^ | 1/09/03 | Frank J. Murray

Posted on 01/08/2003 10:07:11 PM PST by kattracks

Edited on 07/12/2004 4:00:15 PM PDT by Jim Robinson. [history]

President Bush is unlikely to join a Supreme Court battle over whether public universities may favor racial or ethnic groups for admissions.

Two sources close to the administration deliberations told The Washington Times that the White House has received a legal brief from the Justice Department backing white students who say they were denied admission to the University of Michigan because of "race-conscious measures."


(Excerpt) Read more at washtimes.com ...


TOPICS: Culture/Society; Extended News; News/Current Events
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To: kattracks
Michelle Malkin predicted this more than 3 years ago:

http://www.jewishworldreview.com/michelle/malkin091099.asp
61 posted on 01/09/2003 10:54:01 AM PST by Clinton Is Scum
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To: MamaLucci
Staying silent on this one and letting SCOTUS do the heavy lifting may be the way they go. I don't like it, but I understand it, given the incessant race baiting from the political left and their media cohorts.

You seem to assume that Bush will nominate SCOTUS judges who oppose racial preferences. I believe that assumption is likely to be invalid.

62 posted on 01/09/2003 10:55:46 AM PST by Clinton Is Scum
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To: lawgirl
This is for the judicial branch to decide.

Why? Do you think other controversial issues, like abortion, should also be decided by the judicial branch? If so, why have elected officials at all? While I would be delighted if the Supreme Court decides to roll back racial preferences, it is outrageous that the Bush administration and Congress -- our elected representatives -- would consider punting on this important issue.

63 posted on 01/09/2003 10:59:56 AM PST by Clinton Is Scum
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To: Clinton Is Scum; Deb
ping
64 posted on 01/09/2003 11:10:14 AM PST by TLBSHOW (Keep their feet to the Fire! End Affirmative Action........)
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To: TLBSHOW; Right_in_Virginia; Clinton Is Scum; WOSG
I think that the executive has to use his executive order VERY carefully, and highly charged issues are not where they need to be used. Then you set up a pattern of back and forth--one president signs it in, the other repeals it and signs it out again. In a highly controversial issue I don't think that helps the country--I think it creates a feeling of unsettled law which is NOT a good thing. The executive order should be the LAST resort, not the first. Otherwise you have yourself a king.

Right in Virginia--what's hard to understand about my statement? The Justices in this country have to be separate from all influence, one of the reasons SOP was set up in the first place. They need to look ONLY at the constitution.

And, based on this interpretation of separation of powers, McConnell and friends (members of the legislative branch) should not go before the Supreme Court and argue against the campaign finance reform bill.

Yes I agree with that. I don't feel comfortable with anyone lobbying the supreme court, and especially the legislature. In this instance, the judicial system will be arguing the case for the government, (and I still say the president shouldn't get involved on a direct level) but the legislature really needs to butt out.

Clinton is scum---it's for the judicial to decide in this case as it has been brought through the court system in a case. Someone filed a case, which makes the issue at that point the providence of the judiciary. ANd I think that in highly controversial issues YES the judiciary should settle them. The judiciary is to be non-partisan and only look at the law. That is indeed who I want to be deciding a controversial law--people that are outside a circle of influence and looking only at our laws--not people that are always eyeing their reelection status.

WOSG--I am glad you agree with me. Conservative judges will eliminate a lot of this concern.

65 posted on 01/09/2003 11:57:22 AM PST by lawgirl (FREEP Congress--we need Bush's judicial nominees approved!)
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To: lawgirl

Sign an executive order ending affirmative action. And one ending Abortion


66 posted on 01/09/2003 12:05:59 PM PST by TLBSHOW (Keep their feet to the Fire! End Affirmative Action........)
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To: cynicom; TLBSHOW
Just as expected by conservatives, Bush is a coward and will not step forward to do what is right. Re-election means more than than the rights of Americans.

That is the most idiotic thing I have read here in a while, and you probably realize what a statement that is...

One, Bush Just laid it out on the Table BIG TIME, Between Tax reform, and Renomination of Judges INCLUDING PICKERING.

Two, RE-ELECTION Means EVERYTHING. That's why they Have Elections. And Call it Politics. If you do not win re-election, you Do NOT IMPLEMENT POLICY.

Consider.....The Largest Bastion of American SOCIALISM is Socialist Security. Why Do you think The taxation on Dividends is such a prominent part of the Tax Plan ? Educating ALL of America as to How the Market works, is Key, to eviscerating the opposition to Privatization. SS was once the Third Rail of American Politics, and GOVERNOR Bush took it head on.That is not Cowardice, that is Conviction.

However, The President and Karl Rove have proved over and over and over again that they Understand the POLITICS of getting things Done.

Bush is No Coward. You are too Dull Witted to understand the Big picture.

67 posted on 01/09/2003 12:15:05 PM PST by hobbes1
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To: TLBSHOW
ROFL. You are too much.
68 posted on 01/09/2003 12:23:10 PM PST by lawgirl (FREEP Congress--we need Bush's judicial nominees approved!)
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To: hobbes1
don't put words in my mouth
69 posted on 01/09/2003 12:32:09 PM PST by TLBSHOW (Keep President Bush's feet to the Fire! End Affirmative Action and Gay Rights........)
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To: TLBSHOW
I didn;t you two are of a feather on this one. Your words were...

George W. Bush must decide between setting off an electrifying jolt of principle by opposing affirmative action, or yielding to heavy political pressure

I have just pointed out, that there are more than two choices, and invariably they have, up to this point ferreted out the right option.....

70 posted on 01/09/2003 12:36:57 PM PST by hobbes1
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To: hobbes1
George W. Bush must decide between setting off an electrifying jolt of principle by opposing affirmative action, or yielding to heavy political pressure by saying nothing combustible

http://www.freerepublic.com/focus/news/818017/posts?page=

71 posted on 01/09/2003 12:59:29 PM PST by TLBSHOW (Keep President Bush's feet to the Fire! End Affirmative Action and Gay Rights........)
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To: cynicom
Boy, it sure doesn't take long for the roaches to crawl back out from under the sink.

Staying out of this case happens to be the conservative thing to do since it has been the black activist organizations and the college that have repeatedly requested that the administration step in.

72 posted on 01/09/2003 4:00:46 PM PST by Deb
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To: lawgirl
"...what's so hard to understand about my statement? The Justices in this country have to be separate from all influence, one of the reasons the SOP was set up in the first place. They need to look ONLY at the constitution."

I equate "influence" with corruption...the kind of corruption that stems from some other party having control over whether or not a justice remains on the bench.

The Founders eliminated your definition of "influence" by making the Judiciary a co-equal branch of government AND deeming a Supreme Court Justice to be a justice for life. I don't agree with your premise that "influence" can be defined as merely presenting an argument before the Supreme Court.

Neither the president nor a legislator has any power to remove a judge (for other than those reasons the Founders were wise enough to itemize~~and even that demands a trial.)

Which brings me back to my point about this pending affirmative action suit. ~ If the administration chooses to stay neutral and not present a brief to the Supreme Court--it will be doing so for political reasons and not because the beautifully crafted separation of powers in the Constitution demands it.

(Wow, I think this is my longest post to date ;^) )

73 posted on 01/09/2003 5:57:45 PM PST by Right_in_Virginia
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To: kattracks

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74 posted on 01/09/2003 5:58:12 PM PST by Bob J
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To: Deb
Staying out of this case happens to be the conservative thing to do since it has been the black activist organizations and the college that have repeatedly requested that the administration step in.

Nope, the conservative thing to do is to file an amicus brief decrying racism in all of it's forms.

75 posted on 01/09/2003 6:02:43 PM PST by jwalsh07 (March for Life in DC ,1/22/03.)
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To: Deb
Stand up and stop AA
76 posted on 01/09/2003 6:08:02 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: Deb
It started with a DEMOCRAT PRESIDENTS Executive Order
...
The actual phrase "affirmative action" was first used in President Lyndon Johnson's 1965

Executive Order 11246

which requires federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."
.....

AND IT SHOULD END WITH A REPUBLICAN PRESIDENTS Executive Order


77 posted on 01/09/2003 6:13:22 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: jwalsh07
Nope, the conservative thing to do is to file an amicus brief decrying racism in all of it's forms

bump
78 posted on 01/09/2003 6:15:08 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: jwalsh07
AND IT SHOULD END WITH A REPUBLICAN PRESIDENTS Executive Order


79 posted on 01/09/2003 6:16:22 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: Bob J
bump to radio fr
80 posted on 01/09/2003 7:33:01 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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