TLB Race based quotas have been struck down continuously in the last 5 to 10 years. Every major court case has ruled that college admissions based primarily on race are un-constitutional. The fact is that the previous rulings had the Justice department taking the side for AA and they were unsuccessful. Maybe the court is saying to the executive, to butt out.
Just like I'd LOVE for him to stand up and say "By God, I am going to make it my mission to overturn Roe v. Wade." But, that's not smart for many reasons. President Bush understands the value of working behind the scenes, as well as letting the judiciary work FOR him. WHICH is why it is SO IMPORTANT to get conservative judges in!!!!!!!! THAT is my #1 issue right now. Get good conservative judges in there and we won't even have to worry about it. He will be able to hand the ball over to them and know they'll take care of it.