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Bush May Enter Affirmative Action Case...
Associated Press

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.

© 2003 The Associated Press


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To: Poohbah; TLBSHOW; Howlin
Why should I criticize him? I agree with him.

I went to the very thread, and cut and pasted howlin's words. You will have to excuse me, but I do not see how those words differ from the words as TLBSHOW quoted them.

81 posted on 01/10/2003 8:20:28 PM PST by aristeides
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To: Poohbah
She said she agrees with Jesse Jackson

http://www.freerepublic.com/focus/news/820447/posts?page=64#64
82 posted on 01/10/2003 8:20:37 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: TLBSHOW
TLB....

When the Bush Bots turn to name calling you know they are operating on a vacumn. There is nothing there.

83 posted on 01/10/2003 8:21:25 PM PST by cynicom
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To: Poohbah
Is that an admission about whether or not you are a gentleman?
84 posted on 01/10/2003 8:21:37 PM PST by aristeides
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To: TLBSHOW
You know, when you first got here, I thought you were amusing. I even defended you.

And now you have called me a liar and accused me, among other things, of supporting Jesse Jackson.

Now I am not amused by you anymore; you obviously have some deep personal problems that require you to hop from web site to web site, pretending you're relevant. I know you've been banned from the other sites, and, alas, we're stuck with you.

But people are sick and tired of your spamming of threads and bashing Bush with lies. You may think it's funny and you may actually think what you're doing is helping "conservatives" since you have now decided that Bush isn't a conservative. Since you are so disconnected from reality, you have no way of knowing what harm you've done to the goodwill you had at this site.

Whatever your personal problems are that are causing this type of behavior must lead you to believe you're accomplishing something here with all your "rah rah" crap. The only thing you are accomplishing is turning people off to YOU.

If you have opinions you'd like to share, why don't you start you OWN thread and let people who want to discuss YOUR views come to YOUR thread, instead of going on EVERY SINGLE BUSH THREAD with the same old tripe day in and day out?

I'm pretty sure I'm not the only one that feels this way.

85 posted on 01/10/2003 8:23:21 PM PST by Howlin (Ignore Todd Spam)
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To: Howlin
I think TLB has come a long way in the past six months. He has an open mind and forms his own opinions from what he reads and sees.

You and dogbyte12 and the rest of you Poorboy types make up RU Central, if you know what I mean (wink).
86 posted on 01/10/2003 8:27:21 PM PST by Fred Mertz
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To: cynicom
When the Bush Bots turn to name calling you know they are operating on a vacumn. There is nothing there.



I know I know!
87 posted on 01/10/2003 8:28:24 PM PST by TLBSHOW (Keeping the Republicans Feet to the fire is a 24/7 job for conservatives)
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To: TLBSHOW; Fred Mertz
Just wanted to let you two know that I've followed this thread, and you both have grossly exaggerated senses of your own importance.

TLB, George W. Bush is not influenced by self-absorbed egotists (sorry for the redundance) who think they are influencing him by "keeping his feet to the fire." The decision he makes, whether that be to stay out of the fray, or to come down against affirmative action, will be based on what is best for the country, not on threats coming from the right OR the left.

(And it humors me to think that there are actually people who think that what happened to Lott was because of what "Bush did to him." How badly must you need to blame everything you don't like on the President. Unbelieveable).

88 posted on 01/10/2003 8:28:28 PM PST by ohioWfan
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To: Fred Mertz
No, I don't know what you mean, Fred. And you don't have to share with me.
89 posted on 01/10/2003 8:29:51 PM PST by Howlin (Ignore Todd Spam)
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To: aristeides
Yes, it would surprise me if Ashcroft hadn't made a decision, and the same one the SG has. Now it's time for Karl Rove and President Bush to make a decision. I don't know much about the Michigan facts, but what little I've heard is really alarming -- like 20 points for the color of your skin and just 1 point for the quality of your admission essay.
90 posted on 01/10/2003 8:30:10 PM PST by FreeTheHostages
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To: ohioWfan
Just wanted to let you two know that I've followed this thread, and you both have grossly exaggerated senses of your own importance.

Tell us about it, Miss Egomaniac.

91 posted on 01/10/2003 8:31:52 PM PST by Fred Mertz
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To: Howlin
READ MY NEW TAG LINE YOU TRASHER
92 posted on 01/10/2003 8:32:23 PM PST by TLBSHOW (Ignore howlin she is a jesse jackson supporter)
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To: RCW2001
several officials said Friday night he is unlikely to stay on the sidelines

If true, yippie. No matter how Bush comes out on the case, he needs to speak, on a case of this importance. He should not duck. That is what leadership is all about. If he does duck, I will think less of him even than if he supports the U of M position, and wades into the public square to defend it. My own position is inbetween which is often typical for me, but not relevant to the point that Bush has a duty to speak out.

93 posted on 01/10/2003 8:33:02 PM PST by Torie
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To: RCW2001
Is Bush going on nationwide tv and announce in a loud voice why he is against AA???? I think not.
94 posted on 01/10/2003 8:36:27 PM PST by cynicom
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To: Howlin
RU

YOU AND A FEW OTHERS THAT CAN'T THINK UNLESS BUSH SAYS IT ARE PART OF THE VAST

REPUBLICAN UNDERGROUND
95 posted on 01/10/2003 8:37:59 PM PST by TLBSHOW (Ignore howlin she is a jesse jackson supporter)
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To: Fred Mertz
You have anything to back that up?
96 posted on 01/10/2003 8:38:14 PM PST by ohioWfan
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To: ohioWfan
The decision he makes, whether that be to stay out of the fray, or to come down against affirmative action, will be based on what is best for the country, not on threats coming from the right OR the left.

So, you think he's a monarch, is that it? Get a grip.

97 posted on 01/10/2003 8:40:03 PM PST by Fred Mertz
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To: cynicom
Is Bush going on nationwide tv and announce in a loud voice why he is against AA???? I think not.

I hope he does as it would make his landslide in 2004 even more stunning
98 posted on 01/10/2003 8:40:17 PM PST by TLBSHOW (Ignore howlin she is a jesse jackson supporter)
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To: cynicom
There is a difference between preferences (i.e. quotas as at the University of Michigan) and affirmative action (i.e. outreach). The first should be fought at all costs while the second can be lived with and may even by useful. If Dubya enters this case against preferences, it will be one of the greatest acts of his presidency.
99 posted on 01/10/2003 8:40:24 PM PST by Austin Willard Wright
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To: TLBSHOW

Worst smear job ever!

100 posted on 01/10/2003 8:40:42 PM PST by dogbyte12
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