European Stars and Stripes (Newspaper) - October 20, 1977, Darmstadt, Hesse                                Page 12 the stars and stripes John p. Roche thursday october 20, 1977 Bakke Case is now up to highest court there is a surrealistic Aura around the debate Over the Bakke Case. Since Dis Cussion of this reverse discrimination action shortly to be decided by the supreme court has rapidly become a growth Industry the facts can be summarized concisely. The University of California medi Cal school at Davis in 1969 instituted a two track admissions system saving 16 admissions slots for the  the latter were not evaluated by the usual standards but permitted to matriculate with substantially poorer academic backgrounds than the 84 on track i. In practice Whites were excluded from the category. Allan Bakke. Turned Down on track i. Discovered his record was better than most admitted on track ii and brought suit claiming he was a victim of racial discrimination. The California supreme court agreed its decision was appealed to the l a. Supreme court rhetorical Sluice Gates opened. As indicated Here in the past. I have a special approach to affirmative  faced with the Choice Between two Candi dates of equal Talent one White male and the other Black or hispanic or female to take but three examples personally would choose one from the historically Dis advantaged groups not purely for the Benefit of the persons involved but additionally because of the value i Attri Bute to diversity. But under no circumstances would i go below the qualitative threshold. Conversely i am adamantly opposed to racial or sexual or ethnic quotas As in the Davis track ii system where in a cosmetic quest for diversity qualitative Stan Dards Are rejected. Not Only Are quotas demeaning to the individuals involved who Are branded As dumb but Chic but they patently violate both the fourteenth amendment to the Constitution and the civil rights act of 1964. Indeed those who have asked the supreme court to sustain the Davis quota system including the United states department of Justice Are in essence de manding the justices declare both the equal Protection clause of the fourteenth amendment and a provision of the 1964 Sta tute based upon it unconstitutional. It took almost a Century to get the court to hold the Constitution color Blind in some of my Early Legal articles i in weighed against the constitutionality of Jim Crow but now a number of pontiffs Are arguing the Constitution need Only be color Blind in on Eye. Let us look at the civil rights act provi Sion the court is supposed to ignore or overrule All persons shall be entitled to be free. From discrimination or Segre gation of any kind on the ground of race color religion or National origin. By any Law. Statute ordinance regulation Rule or order of a state or any Agency.  the language is simple debate on the floor of the Senate locked its intention in Concrete to obliterate these categories from american Law. Since they Are weak on Law the proponents of the quota system including har Vard Columbia Stanford and the University of Pennsylvania have wan dered off into pop sociology. The Friend of the court Brief submitted by the four universities and vetted by the Deans of their Law schools actually argues against a racially Neutral Standard of disadvantage on the ground that most of the poor and culturally deprived Are White. Once a color Blind preference for the disadvantaged was implemented. The number of minority applicants would drop off Shar pay in other words not Content with endors ing a minority quota they want disadvantaged Whites to stay disadvantaged the subway diggers among my ancestors would have appreciated this generosity another Section of this Brief should be put to music it has been the experience of Many University teachers that the insights provided by the participation of minority students enrich the curriculum broaden the teachers scholarly interests and pro leap1n Uza is Pappy n08ucks- Ajmo s 50nna Rudt the Bill for All that Pep it spent Long Barf text them from insensitivity to  this is touching. But the fact that Law professors at Harvard Columbia Stanford and Perm underwent consciousness raising experiences is no basis for declaring the equal Protection clause of the fourteenth amendment unconstitutional. I also Hope they Aren t training a generation of Law students to write briefs like this Garish document in which loyalty and Friendship with particular individual minority Stu dents has apparently precluded rational Legal argument. Justice William 0. Douglas went to the heart of the matter in a 1974 opinion the equal Protection clause commands the elimination of racial barriers not their creation in order to satisfy our theory As to How society ought to be  the defense rests. C King features Syndicate Roy Wilkins unemployment still plagues nonwhites 1977 lot Angew to Law president Jimmy Carter had hardly stepped out of his car in new York City oct. 5 when he was reminded of some thing he had said to the non White citizens of the nation last november. President Carter had said that he was grateful for their support and he made pro Mises. They were hurting and so he made promises to do this and that to ease their hurts. They did not want much. Nothing would have to be taken away from anybody. They wanted jobs. Unemployment was their thing at that time and it still is. The mass Media said that the Blacks had elected Carter citing states and cities where the total registered Black vote exceeded the margin that went to Carter. In other states the Black vote made up the Liberal vote. It is difficult to say what the voters expected but certainly they were too Long in getting it and they Haven t got it yet. There s something about being employed that says you Are a genuine american Citi zen. But if you Are unemployed and have to prove Over and Over again that you want to work you Are like a stranger begging for abit of crust. Commissioner Julius Shiskin head of the Bureau of labor statistics told the congressional joint economic committee that it s too Early to say the Economy is in trouble but if the present trend persists for Many More months i think Well have a real problem on our  commissioner Shiskin also told the committee very few times had there been this disparity Between White and Black unemployment rates in recent times. White workers had an unemployment rate of 6.1 per cent in August the same As in july. For Blacks the August rate was 14.5 per cent up from 13.2 per cent for july. The rate for Black teen agers was 40.1 per cent. This figure was against 14.7 per cent for White teen agers and 17.4 per cent for teen agers Over All. To president Carter s statement that hews deeply concerned by the labor department figures he added that should convincing evidence develop that the eco Nomy is developing something More Funda mental and serious than a temporary Lull the administration will take Steps and make recommendations to Deal with  Blacks have More than twice As much unemployment As the Whites have and have had it for Many More months. It seems like years Blacks presently have a teen age rate of 40.5 per cent which Means no jobs Are there to piece out the wages that come to the main breadwinner. It also explains columns comments Why there Are no jobs for Black youngsters even though they get up before Dawn and often stay up All night to be in line when jobs Are issued. The nation s economic growth rate is at a Point 4 per cent where it can barely keep the unemployment figure from rising thus making things worse. President Carter was greeted with these and with other ideas from a Hundred differ ent origins. No one seems to be Able to pro vide work. There Are Over 90 million people at work in this country. There Are 6 million unemployed including Blacks and Browns. Unless some plan is made to relieve Black unemployment our country can be led into a situation which would make the upheavals of past years look like a Tea party. C a Moines Register and Tribune