Facebook Twitter Email
FRIDAY, JANUARY 17, 2003

Several Department of Justice officials, including Solicitor General Ted Olson, urged President Bush to file a Supreme Court brief opposing all affirmative action policies, The Washington Post reports.

Bush instead decided to submit a brief that was "narrowly tailored" to address the University of Michigan's use of race for its admissions programs. The brief, which was submitted late last night, does not call for the Supreme Court to overturn a 1978 ruling that clears the way for affirmative action under certain circumstances.

It also says the court can declare the school program unconstitutional without breaking "new ground."

Olson represented a white rancher who fought the state of Hawaii over trust programs for Native Hawaiians. He won the case, which was based on the Equal Protection Clause of the Constitution. The white students opposing the University of Michigan are fighting on the same grounds.

National security adviser Condi Rice, who is African-American, also urged Bush to oppose the school's policies, The Post reported.

The brief was filed in Grutter v. Bollinger, No. 02-241. It was written by Olson, Assistant Attorney General Ralph Boyd, Deputy Solicitor General Paul Clement and David Salmons, an assistant to Olson. Brian Jones, general counsel for the Department of Education, also signed on.

A similar brief was submitted for Gratz v. Bollinger, No. 02-516.

Get the Story:
Rice Helped Shape Bush Decision on Admissions (The Washington Post 1/17)
Race-Neutral Plans Have Limits In Aiding Diversity, Experts Say (The Washington Post 1/17)
White House burns midnight oil for brief in race case (The Washington Times 1/17)
Bush administration calls affirmative action plan unconstitutional (AP 1/17)
U.S. Says Michigan System Amounts to 'Racial Quota' (The New York Times 1/17)
White House Brief Takes Cautious Affirmative Action Stand (The New York Times 1/17)
Different Means to Campus Diversity (The New York Times 1/17)
Username: indianzcom, Password: indianzcom

Department of Justice Briefs:
Grutter v. Bollinger Supporting Brief | Gratz v. Bollinger Supporting Brief

Bush on Affirmative Action:
Text | Audio | Video

Holdings Below:
GRUTTER v. BOLLINGER, No. 01-1447, 01-1516 (May 14, 2002) | GRUTTER v. BOLLINGER (March 27, 2001)

Relevant Documents:
Supreme Court Docket Sheet No. 02-241 | Brief: Grutter | Brief: University of Michigan

Relevant Links:
University of Michigan - http://www.umich.edu
Center for Individual Rights - http://www.cir-usa.org

Related Stories:
Bush enters affirmative action debate (1/16)
Affirmative action brief 'narrowly' tailored (1/16)
Bush to oppose college affirmative action policy (1/15)
Bush to submit brief in affirmative action case (1/14)
Affirmative action challenge accepted (12/03)
Affirmative action program struck down (8/28)
Court declines affirmative action case (6/26)
Affirmative action battle far from over (6/1)
Supreme Court passes on affirmative action (5/30)
Affirmative action faces court test (5/21)
School regents repeal race-based ban (5/17)
Judge strikes down affirmative action (3/28)
Tribes exempt from anti-affirmative action (3/28)
Supremes to rule on affirmative action (3/27)
Affirmative action upheld (12/14)
Court upholds affirmative action (12/5)
Court limits affirmative action (12/1)
University defends affirmative action (11/30)