On the recordMarch 3, 1995
I have always--that's right. I'm glad you asked. I have always practiced it. But let's look at how I practiced it. Look at my appointments to the Federal bench, ones for which, I might add, I've been regularly and roundly attacked for trying to achieve diversity here in this community. I read something in the paper about once a month, people jumping on me because I've appointed more women and more minorities to the Federal bench than my predecessors combined at this point in our terms--my last three predecessors combined. And oh, by the way, they sometimes say, his appointees also have the highest rating from the American Bar Association of the last three Presidents. I have practiced affirmative action here the way that I perceive the United States military has practiced it. I have made an extra effort to look for qualified candidates who could serve with distinction and make a contribution to this country and make the Federal bench reflective of the American population. I have not done it with any quota system in mind, and I have not guaranteed anybody a job. I have made an extra effort to do that. The military starts before that. They have made an extra effort to develop the capacities of people who come to them with great raw ability, but maybe a disadvantaged background. Is that wrong? I don't think it is. And I'm not backing off of that. The question is--here is the narrow question--the question is: If we're not for quotas in results, and we are for developing everybody's capacities, what do we do with all those rules and regulations and laws that really are in a gray area, that are really in a gray area where there is, let's say, a minority scholarship or a contracting set-aside that Mara asked about, that really is often got around because of the way they are written? I want to review those. I do not want to see us stop trying to develop the abilities of all Americans. I do not want to see us move away from trying to concentrate our resources in the areas of greatest need. But I would say again, I think most minorities have been helped most by the programs in this country that have been targeted toward broad- based needs. And ironically, if you go back to the beginning of this whole affirmative action debate, it started in the late sixties, and many civil rights leaders at the time argued against affirmative action programs because they thought we'd wind up in the debate we are now having 25 years later. I think we need to look at the programs, look at the facts, and ask the questions I just asked: How does this work? Is it fair? Is it necessary? Is there an alternative way to achieve the objective? But in terms of taking aggressive initiatives to develop the capacities of people, should we keep doing that? You bet we should. How should we do it in the law, that's the question. George [George Condon, Copley News Service]. Illegal Immigration
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