Rocket Man, in response to your inquiry regarding the Bush Administration’s briefs in the Michigan cases, I do not find your evaluation too pessimistic. As a friend of mine put it, “the Solicitor’s briefs are predicated on the notion that it is not only constitutional but, indeed, good public policy to use race neutral MEANS to accomplish race conscious ENDS.” One can only hope that the Court will, in fact, ignore the Administration’s position entirely. I suspect, however, that the government’s briefs increase by more than a little bit the likelihood of a bad outcome.
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