Powell, Bush at odds on court case

January 20, 2003
US Secretary of State Colin Powell disagrees with President George W Bush's position on an affirmative action case before the Supreme Court challenging the consideration of race in admitting black and other minority applicants to colleges.

Powell, one of two black members of Bush's Cabinet, said he supported methods the University of Michigan used to bolster minority enrolments in its undergraduate and law school programs. The policies offer points to minority applicants and set goals for minority admissions.

Many colleges and universities use variations of the system, which is meant to help minority applicants overcome the effects of generations of legalised racial discrimination in America.

"Whereas I have expressed my support for the policies used by the University of Michigan, the president, in looking at it, came to the conclusion that it was constitutionally flawed, based on the legal advice he received," Powell said on the CBS program Face the Nation.

It was a rare public acknowledgment of dissent with the president and with other top White House aides.









National security adviser Condoleezza Rice said she backed Bush's decision to step into the case before the Supreme Court and to argue that the University of Michigan's methods were unconstitutional.

She said on NBC's Meet the Press that there are "problems" with the university's selection policies, and cited the points system.

But she also said race could be a factor in colleges' selection process. The brief the Bush administration filed with the Supreme Court was silent on that issue of whether race can be a factor under some circumstances.

"It is important to take race into consideration if you must, if race-neutral means do not work," she said.

Rice said she had benefited from affirmative action during her career at Stanford University.

"I think they saw a person that they thought had potential, and yes, I think they were looking to diversify the faculty," she said.

"I think there's nothing wrong with that in the United States," Rice said.

"It does not mean that one has to go to people of lower quality. Race is a factor in our society."

Education Secretary Rod Paige is the other black member of Bush's Cabinet.

Paige firmly agrees with Bush's stance, a spokesman said.

"Secretary Paige believes in equal opportunity for all students and he fully supports President Bush's position on the University of Michigan case," spokesman Dan Langan said.

In an unusual Sunday night announcement, the White House said Bush's Budget proposal for the coming fiscal year would increase funding by five per cent for grants to historically black colleges, universities, graduate programs and Hispanic education institutions.

In its brief to the Supreme Court, the administration argued that policies at the University of Michigan and its law school failed the constitutional test of equal protection for all under the law, and ignored race-neutral alternatives that could boost minority presence on campuses.

A White House spokesman declined to say why the black and Hispanic grant programs were acceptable, when the University of Michigan admission system was not.

http://www.theaustralian.news.com.au/common/story_page/0,5744,5860091%255E401,00.html

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