Center for Equal Opportunity - Conservatives Still Worried about President’s Brief on Racial Preferences

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Conservatives Still Worried about President’s Brief on Racial Preferences

Wednesday, 15 January 2003

Contact: Roger Clegg
(703)421-5443

Applause for yesterday’s statement is superseded by apprehension over what the brief will say

(Sterling, VA)—   Linda Chavez, president of the Center for Equal Opportunity, called on conservatives to hold their praise for the President’s racial preferences policy until they read the President’s brief when it is filed sometime Thursday evening.
"Actions speak louder than words and, while the President’s statement Wednesday was praiseworthy, his comments will mean nothing if his brief leaves the door open for race to be used in college admissions.”

    President Bush announced yesterday, in general terms, that his administration will be filing a brief today with the Supreme Court that argues against the constitutionality of the University of Michigan's racially and ethnically biased admissions process. He did not say, however, that his brief will argue against schools using the "diversity rationale" to demonstrate a compelling interest in using race in admissions.

    Universities commonly claim that they have a compelling interest in achieving a student body that is racially diverse and therefore are justified in discriminating on the basis of race in their selection of students. Despite his strong statement against racial preferences, the President may still file a brief that claims that the University of Michigan’s use of quotas was unconstitutional, while at the same time suggesting that seeking a “diverse” student body justifies using race.

    "If the court leaves any door open on taking race into account," Chavez said, "you'll just have more and more creative attempts from university administrators to accomplish what they have been doing for years."

    Chavez called on the president to make clear in his brief that a desire for a particular racial and ethnic mix in the student body does not justify discrimination in order to achieve it.

    CEO’s Vice President Roger Clegg said, “If the brief doesn't urge the Court to reject the diversity justification for discrimination, then it may turn out to do more harm than good.”

    The brief doesn't have to be filed until 11:59 P.M. today, allowing just enough time for the President’s staff to adjust the brief’s arguments to address the concerns of conservatives.

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