Christopher Caldwell writes that the Bush administration’s brief to the Supreme Court on the Michigan case makes a strong case for affirmative action:
"The Bush memos are the most important substantive defense of
affirmative action ever issued by a sitting president. If the Court accepts
the president’s reasoning, it will have rescued affirmative action from
what appeared to be a terminal constitutional illogic. More than that–it will
have secured for this rickety program an indefinite constitutional
legitimacy."