Max Baucus: “Here is another letter signed by many law school professors. I see 40 or 50, I don't know. They have the same…”

“Here is another letter signed by many law school professors. I see 40 or 50, I don't know. They have the same conclusion--that the district court's decision in Colorado was wrong; that is, that the program is narrowly tailored and is constitutional. Now, if that is not enough, the Department of Transportation has new regulations, which go even further, and with more flexibility, to make it even more clear that the program is narrowly tailored. Some Senators spoke up and said, gee, wealthy people are, under this definition, socially disadvantaged. Not true under the new regs. They have a net worth test. If you are wealthy, you don't qualify. There are lots of new provisions in the new regulations that will go into effect. They are in the drafting stage now. Again, just because a district court judge says it is unconstitutional doesn't make it so. The only thing that does that is a decision by the U.S. Supreme Court. They haven't ruled on this. Second, many think the judge is wrong--many. Finally, there are new regs which are much more flexible and which clearly make this narrowly tailored. For that reason, this is not unconstitutional because it is fair and helps people and it works. It should remain in the bill.”