Bush opposes Michigan's admission policies; says he's against quotas
01/15/2003 11:26 PM EDT
TEXT OF SPEECH: President Bush Discusses Michigan Affirmative Action Case
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WASHINGTON (AP) - President Bush plans to challenge a University of Michigan program that gives preference to minority students, telling the Supreme Court there are better ways to promote diversity, administration officials said Wednesday.
Justice Department and White House attorneys, acting on Bush's orders, were preparing a brief arguing against programs that gave black and Hispanic students an edge when applying to the university and its law school.
Without confirming Bush's plans, White House press secretary Ari Fleischer said the president was meeting Wednesday with his advisers to review the brief which is due Thursday and would shortly publicly reveal his conclusion.
"He seeks ways to encourage diversity and do so in a way that does not rely on either quotas or racial preferences," Fleischer told reporters. "Quotas and racial preferences do not serve to lift up our country and to help the average American. Instead they have a tendency to divide people, to separate people who are deemed to be worthy of something and have it taken away from them not on the basis of merit."
Senate Democratic leader Tom Daschle called it "a watershed moment for the administration. They have to decide whether they're for civil rights and diversity or not."
Rep. Richard Gephardt of Missouri, a graduate of the University of Michigan law school who says he'll seek the Democratic presidential nomination in 2004, said he planned to file a brief in support of the university's program. "I believe affirmative action is an essential tool in expanding educational opportunities to minorities," he said.
Fleischer vehemently disagreed that an administration brief challenging the university's affirmative action program would define Bush as an opponent of civil rights.
"When people view people who have different opinions on the basis of principle as being opposed to civil rights - that's excessive," he said.
The lawsuit brought by three white students is the biggest affirmative action case in a generation, a political lightning rod as Bush struggles to increase his party's appeal to minorities. Fleischer outlined Bush's philosophy moments after announcing the president's plans to commemorate Martin Luther King Jr.'s birthday and increase aid to Africa.
The university's undergraduate program awards extra points to minority candidates, while the law school uses race as one of many factors that could enhance an applicant's chances.
The president had not given his final approval of the brief early Wednesday, officials said, but he was familiar with its contents and was expected to give lawyers the go-ahead before Thursday's deadline.
Key details were still being debated, including whether to use the case to make a sweeping statement against racial quotas or rather stake out a more limited challenge to the Michigan program's constitutionality.
A senior administration official, speaking on condition of anonymity, said Wednesday the president seemed headed toward a middle ground by acknowledging that race is always a consideration as institutions seek more diversity, but that goal can be achieved by expanding opportunities to all people - not just one race.
The brief is expected to highlight a university admissions program founded in Texas while Bush was governor, and affirmative action opinions by the Clinton administration that seem to support the president's views, they said.
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 without making race a direct factor in admissions policies, because many high schools are made up largely of minority students.
Critics said Bush's plan was a blow to affirmative action programs that have helped minorities overcome social obstacles.
The officials said administration lawyers could argue that the university's program relies too much on race and leave open the question of whether schools could use other methods of assuring a diverse student body.
Some administration lawyers have argued that any policy based on race or ethnic status is unconstitutional and that the goal of a diverse student body is not enough to justify using race to guide admissions.
The case, the biggest issue facing the Supreme Court this year, is a politically charged issue in the aftermath of Sen. Trent Lott's remarks that seemed to show nostalgia for segregation. The Mississippi lawmaker was forced to step down last month as Senate Republican leader amid harsh criticism from Bush.
The president must balance the desires of his conservative backers, who tend to staunchly oppose affirmative action, against potential fallout from the broader electorate if he is viewed as being racially insensitive.
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