Just like there was no controlling legal authority?
and this is wrong.
It is wrong and bone-headed for a leader in the GOP to be so stupid as to give the Dems a hammer, no, a SLEDGEHAMMER, with which to bash on the 2002 gains. Whether Lott is a bigot or not is now secondary to the stunning lack of judgement he displayed with this statement - and lack of judgement is one of the worst problems for a leader to have.