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It’s Not Just State Actors


Another problem with Hugh Hewitt’s latest defense of Harriet Miers is that it’s not just state actors that are covered by the civil rights laws. It was clear by the late 1980s that private law firms were covered by the employment antidiscrimination provisions of the 1964 Civil Rights Act-that is, at the time that Miers was urging firms to set a 10 percent hiring quota, I mean goal, for new associates.

Thus, either Miers was unaware of the 1964 Civil Rights Act and its coverage of private law firms (which is very unlikely, but damning if true, since the Act is so important), or she thought that a one-size-fits-all 10 percent quota is somehow legally defensible (in which case we don’t want her deciding any affirmative-action cases as a Supreme Court justice).


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