As Andy McCarthy notes below, the U.S. Commission on Civil Rights has identified several provisions in H.R. 3200 — the health-care bill — that are racially discriminatory.

An example: The bill requires the Department of Health and Human Services to make decisions to award grants or contracts to health-care training institutions (i.e.,that train health-care professionals — including primary-care physicians, dentists, public-health professionals, etc.) on the basis of the students’ race or ethnicity. There’s no evidence that the racial classifications meet the strict-scrutiny standards set forth in either Adarand or Grutter. Accordingly, the Commission maintains that the provisions are unconstitutional.

Constituents may wish to ask their representatives whether they’re aware that the bill contains racially discriminatory provisions that are likely unconstitutional. If representatives are not aware of these provisions, what other provisions have they missed? And, if they are aware of these provisions yet continue to support the bill, an explanation would be appreciated.