I think Rick is right that this is a new departure from existing
practices. It is on the constitutional boundary line. But how does
it differ, at bottom, from the situation in the clergy abuse cases where the
Dioceses have been arguing for a constitutional right not to reveal their
A one minute Google search (all I have
time for right now) turned up a 1995 Washington Post article that includes the
following paragraph:
"The survey [a 'poll of 1,524
randomly selected Americans'] found that affirmative action, like most
racial issues, sharply divides whites and
we get into definitional things here in a big hurry. affirmative action as practiced by most businesses is widely supported -- seeking out qualified minorities and under represented groups.affirmative action as pilloried in caricature by the right -- hiring unqualified people for positions