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CNN Live At Daybreak
White House to Challenge Michigan Admissions
Aired January 16, 2003 - 06:02 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: We begin this morning with a controversial question of race, college and presidential politics. In just a few hours, lawyers for President Bush will file a motion with the U.S. Supreme Court, challenging the University of Michigan's admissions policy.
White House correspondent Suzanne Malveaux outlines the president's position.
(BEGIN VIDEOTAPE)
SUZANNE MALVEAUX, CNN WHITE HOURSE CORRESPONDENT: President Bush calls University of Michigan's admissions program, which gives preference to Hispanics and blacks, as fundamentally flawed and unconstitutional. While the president says achieving diversity is important, for this specific case, the admissions is based on racial quotas, a policy the president argues is wrong.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I strongly support diversity of all kinds, including racial diversity and higher education, but the method used by the University of Michigan to achieve this important goal is fundamentally flawed.
MALVEAUX: Solicitor General Ted Olson and conservative Republicans had been pushing President Bush to take a hard-line stance against racial preferences, to say it is never justifiable and unconstitutional to use race as a factor in admissions. But President Bush's political advisors were concerned that this would alienate minority voters, particularly Hispanics that the White House has been courting for a 2004 presidential bid.
Ultimately, Mr. Bush took the middle road, focusing on the University of Michigan case, but not addressing the broader legal question, whether or not it is always unconstitutional to use race as a factor in admissions.
The White House has already faced criticism from the Congressional Black Caucus and the Democratic leadership, but Mr. Bush is focusing on what he calls "affirmative access," alternative ways to achieve diversity.
Suzanne Malveaux, CNN, the White House.
(END VIDEOTAPE)
COSTELLO: We'll have more on the president's decision in this morning's "Coffey Talk." Legal analyst and former U.S. attorney Kendall Coffey joins us on the phone from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, what do you make of the president's decision to step into this controversial case?
COFFEY: Well, some advisors had wanted him to avoid this emotionally-charged issue, especially in the aftermath of last month's Trent Lott controversy. But while they'll be seeking what they say is a middle ground, criticizing quotas and yet praising diversity, the reality is that if the Michigan Law School program is struck down, virtually all of the affirmative action programs in public universities in this country will become sitting ducks for court challenges.
COSTELLO: Before we get to more of the questions about the case specifically, is it unusual for presidents to step into issues like this?
COFFEY: It's optional to file a friend of the court brief, but most of the time in issues of great public importance, the administration will weigh in.
COSTELLO: OK, having said that, which way do you think the Supreme Court will lean on this issue?
COFFEY: Well, Michigan's undergraduate program, which had added an extra 20 points out of a possible 150 to minority applicants, will surely be struck down. The law school program, though, is a much closer call. It uses a subjective plus factor. And this is going to be so close that the brief the administration is filing today could tip the balance. Expect perhaps another 5-4 decision, and the key deciding vote may be in the hands of Justice Sandra Day O'Connor.
COSTELLO: Well, it should be interesting. Of course, we'll keep following it. Kendall Coffey, thanks for your insight this morning.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
Aired January 16, 2003 - 06:02 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: We begin this morning with a controversial question of race, college and presidential politics. In just a few hours, lawyers for President Bush will file a motion with the U.S. Supreme Court, challenging the University of Michigan's admissions policy.
White House correspondent Suzanne Malveaux outlines the president's position.
(BEGIN VIDEOTAPE)
SUZANNE MALVEAUX, CNN WHITE HOURSE CORRESPONDENT: President Bush calls University of Michigan's admissions program, which gives preference to Hispanics and blacks, as fundamentally flawed and unconstitutional. While the president says achieving diversity is important, for this specific case, the admissions is based on racial quotas, a policy the president argues is wrong.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I strongly support diversity of all kinds, including racial diversity and higher education, but the method used by the University of Michigan to achieve this important goal is fundamentally flawed.
MALVEAUX: Solicitor General Ted Olson and conservative Republicans had been pushing President Bush to take a hard-line stance against racial preferences, to say it is never justifiable and unconstitutional to use race as a factor in admissions. But President Bush's political advisors were concerned that this would alienate minority voters, particularly Hispanics that the White House has been courting for a 2004 presidential bid.
Ultimately, Mr. Bush took the middle road, focusing on the University of Michigan case, but not addressing the broader legal question, whether or not it is always unconstitutional to use race as a factor in admissions.
The White House has already faced criticism from the Congressional Black Caucus and the Democratic leadership, but Mr. Bush is focusing on what he calls "affirmative access," alternative ways to achieve diversity.
Suzanne Malveaux, CNN, the White House.
(END VIDEOTAPE)
COSTELLO: We'll have more on the president's decision in this morning's "Coffey Talk." Legal analyst and former U.S. attorney Kendall Coffey joins us on the phone from Miami.
Good morning -- Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, what do you make of the president's decision to step into this controversial case?
COFFEY: Well, some advisors had wanted him to avoid this emotionally-charged issue, especially in the aftermath of last month's Trent Lott controversy. But while they'll be seeking what they say is a middle ground, criticizing quotas and yet praising diversity, the reality is that if the Michigan Law School program is struck down, virtually all of the affirmative action programs in public universities in this country will become sitting ducks for court challenges.
COSTELLO: Before we get to more of the questions about the case specifically, is it unusual for presidents to step into issues like this?
COFFEY: It's optional to file a friend of the court brief, but most of the time in issues of great public importance, the administration will weigh in.
COSTELLO: OK, having said that, which way do you think the Supreme Court will lean on this issue?
COFFEY: Well, Michigan's undergraduate program, which had added an extra 20 points out of a possible 150 to minority applicants, will surely be struck down. The law school program, though, is a much closer call. It uses a subjective plus factor. And this is going to be so close that the brief the administration is filing today could tip the balance. Expect perhaps another 5-4 decision, and the key deciding vote may be in the hands of Justice Sandra Day O'Connor.
COSTELLO: Well, it should be interesting. Of course, we'll keep following it. Kendall Coffey, thanks for your insight this morning.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
