[Congressional Record (Bound Edition), Volume 149 (2003), Part 1]
[Senate]
[Page 528]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           THE MICHIGAN CASE

  Mr. DASCHLE. Mr. President, I read with interest today that the 
administration currently is considering what to do with regard to the 
so-called ``Michigan case'' before the Supreme Court. This is a 
watershed moment for the administration. They must decide whether they 
are for civil rights and diversity or not. They must make a very 
important choice, and whether or not they make the right choice depends 
in large measure on what happens in this particular case. Over the last 
several weeks we have heard the Republican leadership talk about how 
this is a changed party, and how Republicans have had a change of 
heart. To a certain extent, we know they have had a change of face. The 
question is whether or not this is truly a change of heart.
  I was concerned with leadership comments made over the weekend, that 
while additional dialog may be important, there really wouldn't be a 
change in policy. There would be no change in policy on affirmative 
action, or on a number of issues relating directly to diversity. My 
hope is there may be a change of heart on hate crimes. We have had that 
vote over and over and faced Republican filibusters. I hope at a very 
early date we will have an opportunity to see whether there has been a 
change of heart.
  I can't think of a better occasion for Congress and for the 
Republican leadership to be clear about their change of heart, than to 
support, for the first time, the hate crimes legislation. There 
certainly was not a change of heart when it came to judicial 
nominations.
  Once again, almost immediately following these laudatory comments 
made by the Bush administration and our Republican colleagues toward 
civil rights leaders and the civil rights movement, the administration 
turned around and said now we are going to renominate Judge Pickering 
and renominate Judge Owen for the second highest court in the land. 
There is no change of heart there. There is no indication of a 
willingness to change past practices or policies.
  If President Bush chooses to oppose the University of Michigan case, 
he calls into question the very commitment he claims to have made with 
regard to expanding opportunity for African Americans and for Hispanic 
and Native American students. All of us will be left to draw one 
conclusion. All of those words about promoting educational opportunity 
will have been just that. They will have been words.
  Today's reports indicate the debate in the White House isn't about 
what decision to make. It appears they have already done that. It 
appears they will oppose the University of Michigan's effort to boost 
African American, Hispanic, and Native American enrollment. It seems, 
instead, the question they are struggling with is how to describe that 
decision.
  If they put the weight of John Ashcroft's Department of Justice 
against the University of Michigan's diversity efforts, there is only 
one way to describe that decision: It is a slap in the face to 
America's minority students and to the colleges that seek not only to 
educate America but to reflect America's diversity.
  Today is Dr. Martin Luther King's birthday. Had an assassin's bullet 
not taken his life, he would be 74 years old today; he might very well 
still be with us. Because of hatred and intolerance, he is not. But his 
words still are with us.
  In 1948, at Morehouse College, he discussed the purpose of a college 
education. He said:

       The complete education gives one not only power of 
     concentration, but worthy objectives upon which to 
     concentrate.

  He said:

       The broad education will, therefore, transmit to one not 
     only . . . accumulated knowledge . . . but also the 
     accumulated experience of social living.

  If the administration chooses to stand against the University of 
Michigan, I fear they will be encouraging a decision that would deny 
tens of thousands of minority students that knowledge and deny millions 
of American students that experience.

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