Wednesday, December 11, 2002

AND HERE'S THE PARAGRAPH THAT MIGHT BE THE NAIL IN THE COFFIN: All credit to Josh Marshall for uncovering Trent Lott's pro se (in other words, he wrote it himself -- don't blame the lawyers) 1981 amicus brief to the Supreme Court supporting Bob Jones University's right to maintain tax-exempt status while barring its few black students from dating or marrying whites. (Lott and Bob Jones lost, 8-1).

Anyway, here's the paragraph from the brief to put in bold, underline, italicize and, in my case, block-quote:

Moreover, racial discrimination does not always violate public policy. Schools are allowed to practice racial discrimination in admissions in the interest of diversity. Regents of the University of California v. Bakke, 438 U.S. 265 (1978). An institution's right to pursue diversity is not constitutionally protected, but its right to practice its religion is protected by the First Amendment. If racial discrimination in the interest of diversity does not violate public policy, then surely discrimination in the practice of religion is no violation. (emphasis mine)


Equating affirmative action with mandatory segregation and anti-miscegenation policies? Not too many people, in or out of the great state of Mississippi, are going to find the moral equivalence there, even if they disfavor the use of affirmative action in college admissions. I've got a funny feeling this might bite the Senator in the ass -- unless, that is, his apology-of-the-day finally quiets the story.

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