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Racist Law School Ruling ^ | June 24, 2003 | Lowell Ponte

Posted on 06/24/2003 2:59:09 AM PDT by Main Street


“WHEN I’M PRESIDENT, WE’LL HAVE EXECUTIVE ORDERS to overcome any wrong thing the Supreme Court does tomorrow….”

Thus spoke Rep. Dick Gephardt (D.-Missouri), former Democratic leader of the House of Representatives, often called one of the Democrats’ most moderate candidates for President in 2004.

Gephardt spoke Sunday in Chicago, where he had come to address Project PUSH and the Rainbow Coalition and their leader Rev. Jesse Jackson.

Gephardt’s bizarre statement came during a verbal shoving match as he and the eight others contending for his party’s mantle strove to outdo one another in promises to uphold the reverse racism its supporters propagandistically call “Affirmative Action.”

Gephardt promised to use Presidential Executive Orders to “overcome” what he expected to be a high court ruling that the University of Michigan’s racial preferences in its admissions policy were unconstitutional.

Gephardt promised, in other words, to use presidential authority to circumvent the U.S. Supreme Court in order to maintain racial preferences for key groups that disproportionately vote Democratic.

The U.S. Supreme Court on Monday – in a 5-4 ruling that hinged on the vote of Justice Sandra Day O’Connor – did overturn the University of Michigan’s numerical preferences for certain minorities. But contrary to Gephardt’s expectation, the high court upheld the more vague University of Michigan Law School’s un-numerical use of race as “one factor among many” in admitting applicants.

This landmark ruling (the most dramatic in a generation) means that university and job applicants may continue to be asked their “race” – an obsolete, tainted way of defining people that has no scientific basis. This peculiar factor, so long as it is not linked to numerical quotas or set-asides, may be used subjectively and arbitrarily to determine an applicant’s acceptance or rejection.

What can be done to remedy this “bad thing,” this if-you-slice-it-thin-enough-it-ceases-to-be-bologna un-Solomonic ruling handed down Monday by the U.S. Supreme Court?

The answer has come, surprisingly, from Rep. Dick Gephardt. Using Gephardt’s Sunday pledge as precedent, President George W. Bush can use Executive Orders to nullify much of this wrongheaded ruling and to restore equality under law as our Constitution intended. He can make enforcing this ruling so embarrassing and absurd that even the most arrogant Leftist supporters of “Affirmative Action” will shut their mouths and hide their faces in shame.

If Gephardt and the Democrats are willing to use Executive Orders to circumvent the Supreme Court, why cannot President Bush use more moderate Executive Orders to do likewise?

Among the many potential reasonable directives President Bush might issue – and that would have the overwhelming support of a majority of citizens – are these:

President Bush could order all agencies and institutions receiving federal funding of any type to cease collection of information regarding the race of any citizen, including job and admissions applicants. The noble Ward Connerly has won overwhelming public support for such race-blind policies in California. The rationale for this Bush directive could be an expanded reading of the Fifteenth Amendment affirmation that voting rights may not be denied or abridged “on account of race, color, or previous condition of servitude.” Likewise, neither race nor color should be used in abridging the equal opportunity to participate in government employment or higher education at government colleges and universities such as the University of Michigan Law School.

President Bush could order an immediate halt to any and all federal funds, contracts or other assistance going to any institution or agency that uses race or color as a factor in hiring or college admissions.

President Bush, in an order straight out of William Shakespeare’s “Merchant of Venice,” could declare that racial factors may be used by colleges and employers – but only if they could prove that members of no other racial group suffered discrimination as a result. The University of Michigan preferences for African-Americans, Hispanics and Native Americans, as this column argued in February 2003, had the inevitable effect of discriminating against other groups – including Asian-Americans, Caucasians, and Jews. It was and remains a racist, anti-Semitic policy endorsed by roughly 40 of America’s most prestigious companies. The paradox such an Executive Order would pose seems insurmountable, but perhaps some clever lawyer can find a legitimate way to favor one race without inherently discriminating against others. If not, then this becomes like Portia declaring that the Merchant of Venice is entitled to his pound of flesh – but only if he can take it without shedding a single drop of blood. “Affirmative Action” may be used, this Executive Order would say, but the Federal Government will sue and shut it down the instant it becomes “Negative Action” against anyone of an unfavored race.

President Bush could order that “race,” if used as a factor in employment or admissions, must exclusively refer to a person’s “race” as officially designated by the Federal Government. In other words, if Democrats want to use “race” for preferences, then they must vote for a law requiring each citizen to carry an official “Race I.D.” card – as was done in Apartheid South Africa. We cannot authorize racial preferences and then let each person’s “race” be defined by whim or arbitrary guesswork.

President Bush could order the creation of a Department of Racial Classification, with Cabinet rank, to investigate, determine and define each citizen’s official “race” for purposes of issuing government race I.D. cards. This department will establish criteria for defining race and will require citizens to submit evidence of their “race,” including documentation of family history and DNA samples. Every political advocate of racial preferences ought to be asked to co-sponsor the legislation setting up this Apartheid-like department.

Or President Bush could issue an order allowing any citizen to claim (or at any time change to) the racial status he or she prefers – and this order would make it illegal to question or challenge such status. This is in keeping with an article many years ago in National Lampoon Magazine titled “Your Little Known Right to be a Negro.” Schools and employers must publish any racial preference policy they use, and anyone wishing to apply as a member of a preferred race, e.g., to the University of Michigan Law School, will be allowed to do so. It will be a crime for any school or potential employer to use any method (such as requiring photographs, interviews or DNA samples, or use of “redlining” to evaluate what neighborhood a person comes from) to ascertain an applicant’s “true” race.

Or President Bush could order the issuance of a Race I.D. card for all citizens in which their preferred race would be noted – but everyone would be legally defined as belonging, “at least 1 percent,” to every “race.” That is, everybody would become legally at least 1 percent Black, Caucasian, Hispanic (not a racial but cultural category, despite University of Michigan Law School discriminatory pretenses), Asian, Native American, Polynesian and Eskimo. This would abolish old and new racist notions by ending the idea that anyone is of “pure” race. Since it would re-categorize everybody as being of “mixed race,” it would make racial preferences absurd. And this is, of course, valid in a species of which scientists have determined that a mere 200,000 years ago we were all Africans. Given a history of migrations and mixing, few humans can trace their ancestry back more than a few generations to “prove” anything…..a fact more clear in America than almost anywhere else. Because of the nightmare history of rape that accompanied slavery, for example, the average African-American today carries the genes not only of the kings and queens of Africa but also of the most aristocratic and racist white slave owners….so why is the University of Michigan giving preference to those carrying these genes of slaveowners?

What other Executive Orders might a bold President Bush consider issuing to negate or undo this surprising U.S. Supreme Court ruling? In the spirit of diversity, what are your ideas along these lines?


Mr. Ponte hosts national radio talk show Monday through Friday Noon-2 PM Eastern Time (9-11 AM Pacific Time) as well as on Saturdays 6-9 PM Eastern Time (3-6 PM Pacific Time) and on Sundays 9 PM-Midnight Eastern Time (6-9 PM Pacific Time) on the Talk America network . Internet Audio worldwide is at The show's live call-in number is (888) 822-8255. A professional speaker, he is a former Roving Editor for Reader's Digest.


TOPICS: News/Current Events
KEYWORDS: 2004; affirmativeaction; dickgephardt; ruling; supremecourt
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1 posted on 06/24/2003 2:59:09 AM PDT by Main Street
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To: Main Street
2 posted on 06/24/2003 3:02:25 AM PDT by dennisw (G-d is at war with Amalek for all generations)
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To: Black Agnes; rmlew; cardinal4; LiteKeeper; Lizard_King; Sir_Ed; TLBSHOW; BigRedQuark; yendu bwam; ..
Leftism on Campus ping!

If you would like to be added to the Leftism on Campus ping list, please
notify me via FReep-mail.

3 posted on 06/24/2003 3:03:32 AM PDT by Hobsonphile (We are not this story's author, who fills time and eternity with his purpose. -George W. Bush)
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To: Main Street
Pure genius. Although the President could never even jokingly suggest setting up an office of racial classifications because of the massive backlash that would ensue, I do agree with the other ideas.

Unfortunately, though Bush has power over federal agencies and hence their hiring practices, he will do nothing innovative to combat affirmative action while we wait for another landmark case to be brought to the court. No, rather he'll just let it stand and hope schools are on their best behavior.

I mean, look at Texas. The classic end-run around laws enforcing the 14th amendment in admissions is to admit the top 10 percent of every high school class in a state. Now, schools and other institutions will simply use other surreptitious methods of violating the rights of others. It'd almost be better if the decisions were reversed.
4 posted on 06/24/2003 3:23:02 AM PDT by Skywalk
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To: rdb3; Khepera; elwoodp; MAKnight; condolinda; mafree; Trueblackman; FRlurker; Teacher317; ...
Black conservative ping

If you want on (or off) of my black conservative ping list, please let me know via FREEPmail. (And no, you don't have to be black to be on the list!)

Extra warning: this is a high-volume ping list.

5 posted on 06/24/2003 3:26:37 AM PDT by mhking
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To: Skywalk
What these liberal judges and democrat politicians are saying to the blacks is they are mentally inferior and need special considerations to gain access to a school of higher learning. Many blacks are there because of their own fortitude, but many more should not be there. The same is true for many white students.
6 posted on 06/24/2003 4:09:43 AM PDT by chainsaw
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To: chainsaw
What is clear despite various apologia from our rightist brethren is that this case is merely Bakke Part II:The Return. Bakke made outright quotas unconstitutional but did not end discrimination as part of admissions policy(or hiring and bidding for government contracts) but just shifted it into new forms. What was needed was a complete and utter destruction of any aspect of race in admissions, it was the only way to insure that creative Balkanizers did not find new ways to discriminate against Asians and whites.

So now the SCOTUS has decided that race can be a factor but hey, admissions people don't be so stupid and give people concrete points or considerations. That actually flings the door wide open if I interpret it correctly. Before, they had to give extra points to black and latino candidates in order to have a certain amount of students without a real quota system. Now, all they have to do is search for some aspect of race and say "hey, it wasn't the ONLY factor" and they can get off scot-free.
7 posted on 06/24/2003 4:28:20 AM PDT by Skywalk
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To: Main Street
Good read - never happen this term, but I would expect a firmer hand during his second term.. Iif not, I will be sorely disappointed.
8 posted on 06/24/2003 4:43:05 AM PDT by trebb
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Comment #9 Removed by Moderator

To: Main Street
It's NOT REVERSE RACISM, he screamed.

Those whites getting screwed never did anything!
Therefore it can't be done back to them.

It's just racism.
10 posted on 06/24/2003 4:45:08 AM PDT by the (Free Nutkin! Bring Ol' Nutty home!)
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To: Miss Marple
You were asking what Bush can do in the wake of yesterday's Supreme Court decisions. This author has some answers.
11 posted on 06/24/2003 4:49:13 AM PDT by aristeides
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To: Skywalk
I mean, look at Texas. The classic end-run around laws enforcing the 14th amendment in admissions is to admit the top 10 percent of every high school class in a state.

Please explain further. What is Texas doing?

12 posted on 06/24/2003 4:57:32 AM PDT by mtbopfuyn
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To: mtbopfuyn
While Governor of Texas, Bush approved of(if not enthusiastically supported) a new plan that allowed state schools to admit students that placed in the top 10 percent(or was it 20?) of their high school class regardless of other factors.

By not taking into account the actual high school and the performance of students there, it allows a huge portion of unqualified candidates(black AND white) to gain admission to a school based on merely being the "valedictorian of summer school."
13 posted on 06/24/2003 5:13:06 AM PDT by Skywalk
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To: zuggerlee
You have a good point but more and more whites are attending HBCU's like Grambling, Howard, Hampton and MVSU because they are less expensive to attend. They have to still meet the academic requirement.

I think this whole diversity business is a sham. The left doesn't allow for diversity of thought or opinions. Racial Classification should be eliminated. Ward Connerly is right on that issue. How can such educated people be uneducated in terms of common sense? SCOTUS this was a bad decison. I want judgement based on my skills not my color. When will we learn we must live together or perish like fools.

If we want "diversity" on college campi then we need to address the problem of public education not preparing students K-12 to be competitive in the world. When black people of the inner city and other places stop having bastard children and start taking responsiblity for their actions then we can address some of these problem.

When you look at a problem you must first address the root cause. If you are dumb and unqualified no government program on earth will be able to help that person because he refuses to help himself.
Success is based on sound decisions and hard work. Chance favors the prepared mind.
14 posted on 06/24/2003 5:18:54 AM PDT by Warrior Nurse (We came, we saw, we kicked their a$$. Who's next?!)
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To: aristeides
Yes, he could issue Executive Orders such as these. They would remain in effect until a democrat got elected...say about 2004.

Now tell me why executive orders are all of a sudden acceptable when you want something done that YOU favor, but were unacceptable and unconstitutional when Clinton did them? I do not like executive orders being used to negate Supreme Court decisions. How would you like it if Clinton had negated the Florida Recount decision based on some trumped-up voting rights charge?

One portion of this decision is good...the abolishment of the undergraduate "point" system. It seems to me that the idea is to move the country little by little away from using race as a consideration. This decision gives us one small but important step. It also is an interesting test case on how the administration's position is perceived, and how much sway they can have on both court decisions and public perception.

I realize there is no convincing you that this was not going to fall your way. O'Connor might have taken more of a lead from a less accomodating brief filed by the administration. However, she also might have taken such a fright to a harsher position that she wouldn't have even negated the undergraduate point system. There are none of us in the mind-reading business.

Unless one can produce statistics that show that O'Connor ALWAYS votes with the administration's position on current cases, the supposition that she would have done something different is not anything more than speculation.

15 posted on 06/24/2003 5:21:06 AM PDT by Miss Marple
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To: Miss Marple
Yes, he could issue Executive Orders such as these. They would remain in effect until a democrat got elected...say about 2004.

Executive orders are not all that easy to rescind. Reagan wanted to rescind LBJ's executive order about affirmative action, but he never felt able to.

16 posted on 06/24/2003 5:24:37 AM PDT by aristeides
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To: Main Street
This is a bit off-subject, but when Gephardt and the other Democratic losers were at the Operation Pushy dog-and-pony show last Saturday prostituting themselves, the stage looked to me like the bar scene from the movie "Star Wars". It was incredible - is Kucinich really only 5' tall - he looks like a Munchkin whose feet didn't reach the floor when he was sitting. Second, did anyone catch the hypocritical loser Lieberman when he came up with his brilliant riposte about he and Gore beating GWB in 2000? It would be hilarious if it wasn't so profoundly sad - what a chump. Plus, he got this really great grin on his face, like he had just come up with the General Theory that relates all forces. It was really unsettling - I had to wonder how long it took him to think that one up? All I can say is that the Democrat party is truly in a sorry, sorry state with this group of misfits and misshapen clowns. It's a great time to be a Republican, indeed.
17 posted on 06/24/2003 5:26:47 AM PDT by astounded
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To: All
Yesterday's decision was not as bad as many think. In fact, it seems we are winning this war!

The first battle, against the worst type of affirmative action, the race based point based system is now finished! And by a 6 to 3 margin to boot!

The second battle, was barely lost by the slimmest of margins, 5 to 4!

I think this will be corrected fairly soon, as several judges, including O’Connor will be retiring, and more conservative judges will be placed onto the Supreme Court.

So the only difference between yesterday and today, is that today pro-Affirmative Action racists have lost some serious ground. And the only difference between today and tomorrow, is that tomorrow will likely see the total destruction of the remnants of Affirmative Action that were left today.

Further, I understand that Ward Connerly will be applying first thing this morning at Michigan government Offices for the necessary paper work to place this very issue on the State ballet for a vote. The fact that as much as 3/4 of the voters in Michigan are against race based Affirmative Action, we will most likely see this type of "Affirmative Action racism" outlawed in Michigan and across the country. One state at a time.

WE THE PEOPLE will set things right!
18 posted on 06/24/2003 5:27:56 AM PDT by Main Street
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To: Main Street
=== Cut === Paste === Email to Friends and Family ===

In the upcoming democratic primary (2004) ...

BIG AL NEEDS OUR HELP! - Register as a democrat and vote for Crazy Al!

Rev. Al Sharpton is officially running for president in 2004. After the Supreme Court’s recent racist ruling on Affirmative Action, America should see the real face of the democrat party ... Crazy Al.

During the May 3, 2003 demoncrap debate in Columbia, S.C., our man Al stated “The way to move a donkey is to slap the donkey,” and “I’m going to slap the donkey until the donkey kicks”.

Let’s help Crazy Al slap the donkey until it kicks.

Assume GW has the Republican nomination sewn up. Its time for all good republicans, libertarians, and independents to stand up and be counted. Lets take a page from Sen. McCain’s play book. Prior to the 2004 democratic presidential primary in your state, re-register as a democrat and vote for Al Sharpton!

Wouldn’t it be great if Crazy Al won! At the very least, lets ensure he gets prime time speaking rights at the 2004 nationally televised democratic convention. You gotta love it. Line up, sign up, and send this to all your like-minded friends.

Here is a link to planned 2004 primary dates from the National Association of Secretaries of State:

Check here for the rules governing primary voting in your state:

In case you’d like to send Big Al a donation:

Anyone need a bumper sticker or button?

How about an Al Sharpton yard sign?

Want to keep up on the latest on Big Al’s progress? Go to the Republicans for Sharpton website at:

Oh yea, and don’t forget to call the local demoncrap party headquarters and ask them the following before the primary election:

1. Can I get a ride to the polls – help them spend their money during the primaries so they’ll have less during the national election. Have them take you the scenic route and stop off and do some shopping on the way home.
2. Are you giving anything away free for voting democrat? Cigarettes, box of cigars, box lunch, etc. Ask for two of each.
3. Send 25 cents in the mail to the DNC and watch how much they spend on mailing you to give to the party. Always send their solicitation back to them with all associated literature in the prepaid envelope included in the mailing. They have to pay that postage upon return. Great way to help them spend money and keep you up to date on their propaganda.

Democratic National Committee
430 S. Capitol St. SE
Washington, DC 20003

Main Phone Number: 202-863-8000

Can you think of any other questions we should ask them?

=== Cut === Paste === Email to Friends and Family ===
19 posted on 06/24/2003 5:45:11 AM PDT by schaketo (White Devils for Al Sharpton in 2004... Pennsylvania Chapter)
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To: aristeides
20 posted on 06/24/2003 6:00:21 AM PDT by Lady Eileen
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