Saturday, January 18, 2003
Then Hindrocket posts comments on the Michigan case that are much more pessimistic than my own.
If conservatives stand on principle--it is wrong for the government to discriminate among its citizens on the basis of race--we have a winning argument, logically, legally and politically. But if we begin by conceding that it is not just permissible but admirable for governments to try to achieve racial "diversity," and the only question is how this should best be done, we lose--logically, legally and perhaps even politically. Our best hope now is that the Court may ignore the Administration's position entirely.I doubt the Supremes will ignore it; aside Scalia, nobody would have the sack to go all the way to the principled stand, and Rehnquist will almost certainly want something better than a 5-4 decision. We learned that with Florida and Bush and Gore.