Bush Fight on Preference Policy Likely

The Bush administration is likely to oppose a University of Michigan program that gives preference to minority students, administration officials said Monday night.

Such a step would inject President Bush into the affirmative action debate at a time when the Republican Party is seeking support from minorities.

White House and Justice Department lawyers, acting on guidance from the president, are drafting a proposed Supreme Court brief arguing against programs that gave black and Latino students an edge when applying to the University of Michigan and its law school, three senior administration officials said.

Bush is awaiting the brief before deciding his course of action, the officials said, adding that all signs point toward the White House intervening in the biggest affirmative action case in a generation.

The lawyers intend to argue that diversity can be achieved through ways other than racial preferences and quotas, drawing from Bush’s record as Texas governor and affirmative action opinions drafted by the Clinton White House, said the officials, who spoke on condition of anonymity.

At the president’s behest, deliberations have been limited to an unusually small circle of aides at the White House and the offices of attorney general and solicitor general.

Legal briefs opposing affirmative action are due to the court Thursday, and briefs supporting the Michigan admission plans are due in February.

White House Press Secretary Ari Fleischer said earlier Monday that Bush was still reviewing the matter.

“It can be one of any number of decisions or no decision,” Fleischer said.

The issue is a lightning rod for conservative voters, who already back Bush, and for minority voters, whom Republicans are courting.

Further complicating the White House’s decision is the fallout for the GOP from the racially provocative comments that cost Sen. Trent Lott (R-Miss.) his job as Senate majority leader. Bush denounced Lott’s remarks, which were widely interpreted as nostalgia for segregation.

Siding with white students so soon after the Lott controversy could be seen as an affront to blacks.

“He is very sensitive to issues involving race and giving opportunities to people from a variety of backgrounds while also giving opportunities in a manner for one and for all in our country,” Fleischer said.

The administration is not a party to the Michigan fight and does not have to take a position. Traditionally, however, the White House weighs in on potential landmark cases.