The Washington Post reports that

The Washington Post reports that key administration legal and political advisors are split over whether to file a brief in the two Supreme Court cases challenging race-based admissions policies at the University of Michigan. Ted Olson, the excellent Solicitor General, is eager to take a position against the Michigan programs, as is Attorney General Ashcroft, according to the Post. But White House counsel Alberto Gonzales and Ashcroft’s deputy Larry Thompson (an African-American) are said to favor sitting this one out. In addition, the article suggests that Trent Lott’s words about Strom Thurmond may be weighing in favor of not opposing the University’s discriminatory admissions policies. Thanks again, Trent. The Post suggests that the issue is likely to be resolved by political advisor Karl Rove. Ouch! I agree with conservative attorney Bruce Fein. Sitting this case out would be a “clear embarrassment,” like the Justsice Department saying nothing in Brown v. Board of Education.

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