Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Tuesday, June 24, 2003
Bill Murchison :: Townhall.com Columnist
Mr. Justice Thomas and matters of principle
by Bill Murchison
Vote on It:
Average Vote:
[+] Text [-]
 
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


It's all a matter of tailoring, see? -- wide vs. narrow, as in lapels.

Narrow is the rage this season at the U.S. Supreme Court. A "narrowly tailored" admissions plan for boosting minority enrollment at the University of Michigan Law School? A 5-4 majority of justices beamed. Such a plan advances "a compelling interest in obtaining the educational benefits that flow from a diverse student body."

Ah, but what about a plan that awards minority applicants 20 resume-padding points when they apply for undergraduate work at the same institution?

The justices scowled. No, never! the 6-3 majority said. Too wide, too spacious, not enough restraint in the tailoring. Out went the plan.

What? You can't quite make out the principle from which the court was working? That is because none of us, with high-powered microscope or bottle-thick spectacles, can see what isn't there.

When it comes to affirmative action, the high court won't say yes, and it won't say no; it won't say stop, and it won't say go. The principle is to have no principle. This is odd, because the 14th Amendment to the Constitution supposedly sets out with some certitude the principle that all citizens shall enjoy the equal protection of the laws.

Affirmative action was never, in reality, a legal question; rather, it was a political one. Learned, copiously footnoted pleadings in court substitute for political broadcasts, centered on the problem of how, and how much, to help the descendants of the African slaves.

One day, when we get far enough past Jim Crow (or, alternatively, when the concept of a racial majority disappears totally), perhaps we can talk about such things. When that happens, let us hope some publisher or law school faculty is wise enough to lay before us the witness of Mr. Justice Clarence Thomas. Thomas, during his tenure on the court, has talked more good sense about affirmative action than anybody else has. He sees a principle all right. The principle is that the Constitution as presently written can't be distorted in order to exalt the interest of one racial group, or combination of groups, over the interests of others. His long, scholarly dissent in the Michigan law school case (Grotter vs. Bollinger) is frankly inspirational. Continued...

1 2
| Full Article & Comments | Next >
Share:
Vote on It:
Average Vote:
 
About The Author
Bill Murchison is a senior columns writer for The Dallas Morning News and author of There's More to Life Than Politics.
 
TOWNHALL DAILY: Be the first to read Bill Murchison's column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
 
©Creators Syndicate ©Creators Syndicate
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.