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Bush Administration Likely to Oppose Michigan Affirmative Action Policy, Sources Say
AP ^ | 1/13/03 | Ron Fournier

Posted on 01/13/2003 5:40:51 PM PST by Jean S

WASHINGTON (AP) - The Bush administration is likely to oppose a University of Michigan program that gives preference to minority students, officials said Monday night.

Such a step would inject President Bush into the politically explosive affirmative action debate at a time when the Republican Party is seeking support from minorities.

White House and Justice Department lawyers, acting on guidance from the president himself, are drafting a proposed Supreme Court brief arguing against programs that gave black and Hispanic students an edge when applying to the University of Michigan and its law school, three senior administration officials said.

Bush is awaiting those briefs before deciding his course of action, the officials said, adding that all signs point toward the White House intervening in the biggest affirmative action case in a generation.

The lawyers intend to argue that diversity can be achieved through ways other than racial preferences and quotas, drawing from Bush's record as Texas governor and affirmative action opinions drafted by the Clinton White House, said the officials, who spoke on condition of anonymity.

At the president's behest, deliberations have been limited to an unusually small circle of aides at the White House and the offices of attorney general and solicitor general.

Legal briefs opposing affirmative action are due to the court Thursday, and briefs supporting the Michigan admissions plans are due in February.

White House press secretary Ari Fleischer said earlier Monday that Bush was still reviewing the matter.

"It can be one of any number of decisions or no decision," Fleischer said.

The issue is a lightning rod both for conservative voters, who already 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.

"He is very sensitive to issues involving race and giving opportunities to people from a variety of backgrounds while also giving opportunities in a manner for one and for all in our country," Fleischer said.

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 potential landmark cases.

Aides said last week that Bush was unlikely to sit on the sidelines. At the least, aides said, Bush would find a public forum to express his opposition to racial preferences and support of alternatives that strive for diversity.

After meetings Monday, aides said the prospects for an administration brief had risen over the weekend.

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 made up largely of minority students; critics said Bush's plan was a blow to affirmative action.

Among the Clinton-era 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.

AP-ES-01-13-03 2009EST


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Michigan
KEYWORDS:
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1 posted on 01/13/2003 5:40:51 PM PST by Jean S
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To: JeanS
bttt
2 posted on 01/13/2003 5:42:25 PM PST by TLBSHOW
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To: JeanS
Go Bush!!! Long Overdue!
3 posted on 01/13/2003 5:47:24 PM PST by ShuShu
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To: All
Letter from Ward Connerly to Karl Rove
e-list of leaders of Anti-Preferences movement

As I sat in that muddy field, shivering, with rain drops falling on my scalp, and watched George W. Bush take his Oath of Office, I felt proud to be an American citizen once again. Many of us who had traveled from all across this land to share that moment--total strangers we may have been--smiled at each other with a sense of shared appreciation that we had elected a president who would never subordinate the best interest of the nation to his personal or political whims, as we thought had been the case for the previous eight years. The University of Michigan cases present an opportunity for our president to reaffirm what we thought on that day three years ago.

FOR FULL LETTER CLICK HERE

http://www.freerepublic.com/focus/news/820929/posts?page=
,,,,,,,

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http://www.freerepublic.com/focus/news/820656/posts

Affirmative action-- Quotas on trial (Thomas Sowell)
http://www.freerepublic.com/focus/news/820114/posts

affirmative action-- Wishful Thinking Not Enough to Rid Country of Racism (Big Barf Alert)
http://www.freerepublic.com/focus/news/820648/posts

affirmative action--bush May Enter Affirmative Action Case...
http://www.freerepublic.com/focus/news/820656/posts

affirmative action--White House set to stay out of affirmative-action case
http://www.freerepublic.com/focus/news/819379/posts

affirmative action--White House torn over affirmative action case
http://www.freerepublic.com/focus/news/820077/posts

affirmative action--Words of Advice: The speech the president should give on the Michigan cases.
http://www.freerepublic.com/focus/news/820342/posts
4 posted on 01/13/2003 5:50:42 PM PST by TLBSHOW
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To: JeanS
Siding with white students so soon after the Lott controversy could be seen as an affront to blacks

Why did AP need to put this in ?
5 posted on 01/13/2003 5:52:55 PM PST by stylin19a (it's cold because it's too hot...- Global Warming-ists explanation for world-wide cold wave)
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To: stylin19a
Why did AP need to put this in ?

Because the AP is a shill for the DemocRATs. Totally. Haven't you noticed?

6 posted on 01/13/2003 5:55:34 PM PST by jackbill
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To: stylin19a
Ron is a rat!
7 posted on 01/13/2003 5:56:28 PM PST by TLBSHOW
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To: JeanS
Thanks for the post JeanS, but I wont believe it until I see Bush or Ari say it.

Sounds good though.

8 posted on 01/13/2003 5:59:11 PM PST by Aaron0617
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To: stylin19a

Or this.. ?

(Like the AP give's a crap and 2004 is a long way off regardless.)

9 posted on 01/13/2003 6:00:05 PM PST by Jhoffa_ (We have vays of making you zee the movie, mister Cmsgop.. You vill buy da action figures also.)
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To: JeanS
You go, Dubya!
10 posted on 01/13/2003 6:04:08 PM PST by What Is Ain't
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To: JeanS
Siding with white students so soon after the Lott controversy could be seen as an affront to blacks.

Rejecting the UM policy of giving extra points to minorities because of the color of their skin is not "siding with white students" It is siding with the belief in a "colorblind society."

11 posted on 01/13/2003 6:05:37 PM PST by copycat (Arbeit macht frei.)
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To: cynicom; SJackson; aristeides; Red Jones; optimistically_conservative; Fred Mertz
ping
12 posted on 01/13/2003 6:06:43 PM PST by TLBSHOW
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To: rdf
FYI as the countdown to the showdown is on
13 posted on 01/13/2003 6:07:33 PM PST by TLBSHOW
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To: JeanS
Once again, the President hands an "in your face" to liberals and to many here who constantly expect him to pander to the left. Bravo, Mr. President.
14 posted on 01/13/2003 6:10:50 PM PST by LS
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Comment #15 Removed by Moderator

To: JeanS
"The lawyers intend to argue that diversity can be achieved through ways other than racial preferences and quotas"

If they put in a new rule like this, the schools will get to their quotas using "new" and "different" methods rather than quotas:

e.g., 20 points for repeating rap music lyrics is not a quota, and is on its face racially neutral.
16 posted on 01/13/2003 6:19:59 PM PST by APBaer
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To: LS
"It can be one of any number of decisions or no decision," Fleischer said.

17 posted on 01/13/2003 6:31:27 PM PST by TLBSHOW (Keeping the Republicans feet to the fire is a 24 hour a day job for conservatives!)
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18 posted on 01/13/2003 6:37:00 PM PST by Anti-Bubba182
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To: JeanS
"Such a step would inject President Bush into the politically explosive affirmative action debate at a time when the Republican Party is seeking support from minorities."

Each and every debate in this country about race is "politically explosive". But, "stepping" into it is what leadership is all about.

Only through the right leadership will we be empowered to remove the hyphenates taking root in American citizenship...and replace them with our most basic mandate: ~ "From many...one".

Leadership in this area is our last best hope.

Godspeed, Mr. President.

19 posted on 01/13/2003 6:44:06 PM PST by Right_in_Virginia
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To: JeanS
And the Dems would be smart to demand Lott write a friend of the court brief in favor of the university policy-- since he's written SCOTUS briefs before and is on record supporting affirmative action.
20 posted on 01/13/2003 6:47:23 PM PST by GraniteStateConservative
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