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Monday, June 30, 2003

Ruling on race likely to spur fight

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The new Supreme Court decision allowing public universities to choose students by race likely was the first shot in what will be a political war fought state by state.

While the ruling in the University of Michigan cases allowed states to have affirmative-action plans, it did not require them and warned that race-neutral alternatives must be tested first.

The decision did not reverse bans on race references in the constitutions of California and Washington, or the race-neutral program imposed in Florida by Republican Gov. Jeb Bush, who pledged to keep it.

Legislatures also could outlaw the programs or simply refuse to fund them, but analysts said political reality argues against that.

"Michigan must be first. We are very serious about doing an initiative in Michigan," said Ward Connerly, chairman of the American Civil Rights Institute (ACRI) and architect of California's Proposition 209, which banned race preferences in college admissions, government contracting and hiring.

Mr. Connerly, a member of the California Board of Regents, said yesterday he is committed to fighting "racialist mischief" nationwide, and will begin work next week for a state constitutional amendment to make Michigan join California and Washington as "race-free zones."

"Michigan is the big tortilla here. Michigan changes the equation entirely. If the state that gave rise to these high-profile court decisions to use race preferences for the sake of diversity says we do not agree with the court, that would send a powerful message and others will follow," Mr. Connerly said in an interview from Sacramento.

Former U.S. Solicitor General Drew S. Days III said initiatives against affirmative action are a legitimate response, without stating his own view.

"The tendency of people, even though it's not accurate, is to think you have to do it even though it's an option. That the Supreme Court says it's constitutional doesn't necessarily make it mandatory," he said.

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