12 Democratic senators defend affirmative action in Mich. cases
12 Democratic senators defend affirmative action in Mich. cases
By Wayne Washington,
Globe Staff, 2/20/2003
WASHINGTON--A dozen Democratic senators, including Edward M. Kennedy and John F. Kerry of Massachusetts, submitted a legal brief to the Supreme Court yesterday supporting affirmative action in admissions at the University of Michigan, whose policies are being challenged in two cases before the court. The brief is one of the last of many filed in the cases. Harvard, MIT, large corporations, members of the House of Representatives, and retired military officials have signed briefs in support of Michigan's policies. Midnight yesterday was the deadline for filing briefs, which were running more than 3-to-1 in favor of the university.
The Bush adminstration has submitted briefs opposing Michigan's use of race in the two cases, one challenging undergraduate admissions procedures, and the other against its law school's practices. President Bush has likened the programs to illegal quota systems. ''President Bush's position in the University of Michigan case is divisive,'' Kennedy said. ''By failing to support the ability of colleges and universities to consider race and ethnicity in admissions, and by equating `plus' factor programs with quotas, the Bush administration is undermining one of the most important tools for promoting equal opportunity.''
Kennedy and Kerry were joined on the brief by Senators John Edwards of North Carolina, Hillary Rodham Clinton and Charles E. Schumer of New York, Frank Lautenberg and Jon Corzine of New Jersey, Richard J. Durbin of Illinois, Debbie A. Stabenow of Michigan, Mary L. Landrieu of Louisiana, Russ Feingold of Wisconsin, and m inority l eader Tom Daschle of South Dakota. That only one-fourth of the Senate's 48 Democrats signed the brief raised questions among some advocates of affirmative action. But Hillary O. Shelton, director of the NAACP's Washington office, said the backing of 12 senators represented solid support for affirmative action. ''It shouldn't be viewed as only 12,'' Shelton said.
''You've got 12 senators stating their support of affirmative action policies.'' Still, Shelton said, ''It would be good to know why more didn't sign on to it.'' Kerry and Edwards are candidates for their party's presidential nomination, and another, Representative Richard A. Gephardt of Missouri, has signed a different brief supporting Michigan's policies. Gephardt is a graduate of the university's law school. Another presidential candidate, Senator Joseph I. Lieberman of Connecticut, declined to sign the brief.
Adam Kovacevich, a spokesman for Lieberman, said his boss has a policy against signing such legal briefs because he believes they interfere with the independence of the federal judiciary. In the past, advocates of affirmative action have criticized Lieberman for what they consider to be lukewarm support for such programs. He had been critical of affirmative action before President Clinton moved to modify government programs. As Al Gore's vice presidential running mate in 2000, however, Lieberman said he supported affirmative action, and has in recent months criticized the Bush administration's opposition to Michigan's policies.
This story ran on page A2 of the Boston Globe on 2/20/2003.
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