Posted on 01/10/2003 6:25:04 PM PST by RCW2001
By Ron Fournier
AP White House Correspondent
Friday, January 10, 2003; 8:56 PM
WASHINGTON –– Bush administration lawyers are laying the groundwork to oppose a University of Michigan program that gives preference to minority students, a step that would inject President Bush into the biggest affirmative action case in a generation.
Bush himself has not decided what role, if any, the administration will play in the landmark case but several officials said Friday night he is unlikely to stay on the sidelines. White House political allies are planning to intervene against the Michigan program nonetheless.
The administration officials, who spoke on condition of anonymity, pointed to Bush's record in Texas and their continuing review of Clinton administration affirmative action cases as signs that the president is inclined to oppose the university's policies. Furthermore, he is likely to suggest alternatives to racial preferences that still promote diversity, officials said.
Bush is awaiting formal recommendations from Justice Department and White House lawyers before making his decision.
The Supreme Court, in its most important case this year, is expected to rule on the constitutionality of programs that gave black and Hispanic students an edge when applying to the University of Michigan and its law school.
The issue is a lightning rod both for conservative voters who back Bush and for minority voters, whom Republicans are courting.
Further complicating the White House's decision is the fallout for the GOP from the racially provocative comments that cost Sen. Trent Lott, R-Miss., his job as Senate majority leader. Bush denounced Lott's remarks, which were widely interpreted as nostalgia for segregation.
Siding with white students so soon after the Lott controversy could be seen as an affront to blacks.
The administration is not a party to the Michigan fight and does not have to take a position. Traditionally, however, the White House weighs in on potentially landmark cases.
Bush must decide soon. Legal briefs opposing affirmative action are due to the court Jan. 16, and briefs supporting the Michigan admissions plans are due in February.
Lawyers for political allies of the White House are drafting friend-of-the-court briefs arguing that the University of Michigan policy is unconstitutional, administration officials said.
The Justice Department is awaiting word from Bush on whether to file a brief of its own. At the least, Bush is expected to take a public stand on the matter and explain his position that racial quotas are not needed to foster diversity, officials said.
In Texas, Bush opposed racial preferences in public universities and proposed instead that students graduating in the top 10 percent of all high schools be eligible for admission. Supporters say the policy increased diversity because many schools are largely minority.
Among the cases that would bolster their argument against the University of Michigan, officials said, is a 1997 affirmative action suit that supported a white high school teacher's claim that she suffered reverse discrimination when laid off from her job. A black teacher was retained.
The Clinton administration argued that the school district's affirmative action policy went too far and could not be justified merely by the notion that a diverse teacher corps is a worthy goal.
"A simple desire to promote diversity for its own sake ... is not a permissible basis for taking race into account," the government said then.
The brief was largely written by Walter Dellinger, former head of the Office of Legal Counsel and later the Clinton administration's acting solicitor general. Administration lawyers consider at least one other Dellinger brief, a case involving a Wisconsin teacher, as further basis to argue against the University of Michigan policy.
Contacted Friday, Dellinger said the reasoning assumed that there is some role for affirmative action but noted that the tool can be wrongly used.
"The general position taken was that while the use of race is sometimes permissible in educational settings, it must be narrowly tailored and shown to advance important educational goals," he said.
In a 1995 memo analyzing the effects of a Supreme Court case over affirmative action in government contracting, the Clinton administration's Justice Department's Office of Legal Counsel noted that the Supreme Court has consistently rejected racial balancing as a goal of affirmative action.
"To the extent that affirmative action is used to foster racial and ethnic diversity, the government must seek some further objective beyond the achievement of diversity itself," said the memo, largely written by Dellinger.
Is that like a bureaucratic snafu?
I am simply pointing out that only 3 people "interpreted" her statement in that way. Now why does that sound like at least 2 of those people, with an ax to grind with Howlin (I don't know about you), would take that leap??
What is your source for that? You need to butt out and soon.
Todd: yes she did and she was the first to break that rule by posting to me if you want the facts.
To: TLBSHOW
Please do not post to me again. I'm tired of your race baiting posts.
16 posted on 01/10/2003 2:21 PM EST by Howlin
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To: Howlin
Works both ways Howlin! Anyways Bush is wrong and you know it.
21 posted on 01/10/2003 3:14 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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This just tells me that the Republicans STILL don't get it. Jackson (by no means a Reverend) needs to be crushed, not embraced. The Reverend Jessie Lee is so right about this. I wonder if Alan Keyes will chime in on this one. Hope so.
BUMP
22 posted on 01/10/2003 3:16 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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Howlin in effect accuses you of being a racist, but she seems unable or unwilling to criticize the racist Jesse Jackson on this thread.
Makes me wonder why she was so much in favor of sending Elian Gonzalez back to Castro's tyranny.
23 posted on 01/10/2003 3:19 PM EST by aristeides
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What she says doesn't matter, she is on Jesse Jacksons side anyways!
24 posted on 01/10/2003 3:21 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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and what I said about works both ways had to do with her comment (Please do not post to me again) LOL
25 posted on 01/10/2003 3:24 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: aristeides
I don't see why I have to criticize Jesse Jackson in order to say that TLBSHOW is a bigot.
It's plain for the world to see.
And as far as your wondering, go right ahead. I have a right to my opinions; I know that chaps your goose steppers.
54 posted on 01/10/2003 8:08 PM EST by Howlin (Right is right!)
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To: Howlin
You have white fear!
56 posted on 01/10/2003 8:21 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: Howlin
You and Bush can have Jesse Jackson as pals!
58 posted on 01/10/2003 8:23 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: Howlin; TLBSHOW
I see that once again you have failed to criticize Jesse Jackson. I wonder why.
59 posted on 01/10/2003 9:51 PM EST by aristeides
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Why should I criticize him? I agree with him.
It's lying that I don't agree with. Patterson is NOT the liar on this thread.
60 posted on 01/10/2003 9:52 PM EST by Howlin (Ignore Todd Spam)
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To: aristeides
I see that once again you have failed to criticize Jesse Jackson. I wonder why.
Howlin quote of the century!
To: aristeides
Why should I criticize him? I agree with him.
LOLROF NOW HERE IS A KEEPER! WHAT A BUSH-BOT
61 posted on 01/10/2003 9:55 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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If you agree with the racist Jesse Jackson, what possible reason can you have for criticizing TLBSHOW for being a bigot?
62 posted on 01/10/2003 10:05 PM EST by aristeides
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Obviously, you don't read all his spam.
63 posted on 01/10/2003 10:07 PM EST by Howlin (Ignore Todd Spam)
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LOL
SLAM THE BUSH BOT
64 posted on 01/10/2003 10:12 PM EST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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It didn't even register with me. Hell I have agreed with Jesse Jackson in the early days when he was preaching self-responsibility. Look, Todd has decided to make some noise and is taking his innate need for attention to new levels. TLB I hate to say that but the only thing you are doing is becoming increasingly annoying.
Everyone to his taste, but I find it a lot more annoying when people -- unjustifiably -- accuse TLB of lying.
LMAO Fred you never cease to amaze me. All I have to do is to post a few of your comments on this thread alone.
And he is a bigot. And a liar to boot. It's about time he stopped.
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