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One item on the Boston Globe list of Bush lawbreaking is the following:

Dec. 17: The new national intelligence director shall recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community.

Bush’s signing statement: The executive branch shall construe the law in a manner consistent with a constitutional clause guaranteeing ”equal protection” for all. (In 2003, the Bush administration argued against race-conscious affirmative-action programs in a Supreme Court case. The court rejected Bush’s view.)

If this is typical of the list, then the list is garbage. The Supreme Court’s 2003 affirmative-action decisions did not, of course, say that any and all race-conscious affirmative-action programs are legal. To the contrary, the decision emphasized that such programs must be “narrowly tailored” to a “compelling” government interest, and struck down one of the two University of Michigan admission plans at issue. Further, the justifiability of weighing race in student admissions presents different issues than weighing race in government hiring. Bush’s signing statement is unexceptionable.


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