|
 ost
supporters of color blind public policy are unhappy with a recent
brief the Bush administration filed with the Supreme Court. But
there may be a silver lining to it.
On Friday,
the administration submitted a brief in the Adarand case that asks
the Justices to uphold racial preferences in federal transportation
contracts. Six years ago, the Court looked skeptically at a set-aside
program but allowed the Clinton administration to revise it. The
revived version of the program is less offensive--though it continues
to treat citizens differently based on their race. For this reason
alone, it would have been encouraging to see the Department of Justice
reverse its standard practice of defending the constitutionality
of all federal programs and ask the Justices to abolish this one.
(Of course, this would have raised a difficult question: If the
administration thinks the new program is unconstitutional, why not
modify it rather than go to court?)
Several news
reports indicate that the White House doesn't want too much read
into this brief: It may be keeping its powder dry for an even more
explosive case on whether racial diversity is a compelling state
interest when it comes to university admissions.
The decision
not to fight preferences in Adarand also keeps fire away from Gerald
Reynolds, Bush's likely nominee for the civil-rights office at the
Department of Education. The Left already has demonstrated some
willingness to attack Reynolds; a reversal on Adarand would have
made him not just a punching bag, but an actual target. The Adarand
brief may make Reynolds's confirmation more likely: It shows that
high-stakes decisions about racial policy will be made at top levels,
and not from the office Reynolds would like to hold.
Conditry
The case against the case against the "media
frenzy." |
