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Men talk of the Negro problem. There is no Negro problem. The problem is whether the American people have honesty enough, loyalty enough, honor enough, patriotism enough to live up to their own Constitution

-- Frederick Douglass, August 1893

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Ignatz suggests that rather than using private groups to belly up the the Supreme Court when outre forms of racial preferences show up, that the Bush Administration go straight to the heart of the matter by amending the Civil Rights Act itself through the Congress.

The point is this: if race-blind admissions are so central to the President's vision, and so obviously-correct from the intellectual-Republican/Federalist Society point of view, why don't they do the dirty work of amending Title VI to make it say what they want to say? After all, they've got control of the Congress and the White House. They could amend the statute at any time; if they've got the mojo to shove Federalist-Society judges down our throats, they've got the mojo to do this too. (Sure, I know that Trent Lott, who favors affirmative action across the board, would have to be brought back into the Republican fold on this issue; I imagine that could be done somehow). Why not use those branches of government, rather than the Court? The answer is that it is more politically convenient for the Administration to use the Court as a tool to achieve this political goal. It allows them to do it with less public discussion, less public input, and less accountability. It allows them to avoid actually having to say with real precision what they think the law ought to be, and to avoid taking heat for the details.

Does this, in itself, make the Administration's action constitutionally illegitimate? Not really, just makes it weaselly. And it makes it all the more clear that none of us should forget, as the Administration shoves young aggressive new judges down our throats, that the judiciary is an important tool in the politican's toolbox, and it does not behoove us to pretend otherwise.

Perhaps because they'd rather let the public do its fuzzy racial thinking in ways that don't involve what would inevitably happen, Congressional Hearings.

As the Daily Howler notes, stupidity rules the day.

11:34:32 AM    comment []