European Stars and Stripes (Newspaper) - November 3, 1990, Darmstadt, Hesse                                The stars and stripes saturday november 3,1990 column James Kilpatric quotas not real reason for civil rights veto in one of Shakespeare s lesser plays a few comic Relief rebels dream of what they will do when their rebellion succeeds. A the first thing we do a says one sensible fellow a a let skill All the  Good thinking. If a new civil rights Bill is to be drafted in 1991, let the drafting be done in the Senate by Nancy Kassebaum of Kansas and Pat Moynihan of new York. A companion Bill in the House should be turned Over to Les Aspin of Wisconsin and Marge Roukema of new Jersey. Such a bipartisan team would begin with a tremendous advantage not a one of the four is a lawyer. If the judiciary committees could be kept out of the action and if the presidents lawyers could be bound and gagged we might get somewhere. The 1990 civil rights Bill collapsed under a Load of dictionaries. At the end after months of tedious argument the dispute came Down to two words. One band of lawyers yelled a significant a an opposing band cried a Manifest Quot on the sidelines were lawyers carrying of placards that read a business necessity a a successful  and a Burden of  they were making so much noise that George Bush could not hear himself think. He vetoed the Bill and a Grouchy Senate voted narrowly to sustain. This was of by me though Bush probably would have done better to sign the Bill just to shut up the lawyers. The veto May have gained him a few Points with his most conservative supporters but it Cost him with Black leaders. Politically the whole affair was a Wash. Sen. Ted Kennedy d-mass., and the liberals got nothing out of the imbroglio either. The object of the 1990 Bill was to overturn five decisions that the . Supreme court handed Down in 1989. For the record let me cite them. The series began on May 1 in Price waterhouse a Hopkins. The Case decided 6-3, had to do with sexual discrimination in promotion. On june 5 the court ruled 5-4 in wards Cove packing co. V. Alonzo. This was the big one. Two More decisions came on june 12 Martin v. Wilks 5-4, involved a consent decree to end segregation in the fire department of Birmingham Ala. Lorance v. At amp to technologies 5-3, involved a seniority provision in a Union contract that effectively discriminated against women. The final Case came on june 15 in Patterson v. Mclean credit Union. Here the court held 5-4 that a civil rights statute dating from 1866 prohibits racial discrimination in contracts but does not prohibit racial harassment on the Job. Heum Humek. Q0roew6e \ r to amp cramp Bush the 1990 defense spending eau fails m ovu.ri6<� Nobel ties almost everyone at the White House and on the Hill agreed that the Lorance and Patterson opinions should be overturned. The decisions May have been right As a matter of Law but they were wrong As a matter of Public policy. Nor was there great dispute about the Price waterhouse Case. The Wilks Case from Birmingham is troublesome. It had to do with White firefighters who became victims of reverse discrimination when a consent decree affected them adversely. The trouble was they had not intervened when they had a Chance. They had stayed on the sidelines. Five justices held that they still were entitled to a Day in court. Section 6 of the 1990 Bill would have reversed that decision. Section 4 of the Bill overturning the wards Cove decision was the lawyers Playpen. In 1971 the High court had dealt with employment practices that have a a disparate Impact upon Blacks As compared with Whites. A requirement that workers have a High school diploma for example works to bar Blacks who might otherwise be qualified. The court held that such requirements must be a significantly related to successful Job performance. A a requirement must fulfil a a genuine business  it must have a a Manifest relationship to the employment in  the Touchstone said a unanimous court is a business necessity a under the 1990 Bill the Burden of proving business necessity would have shifted sharply to employers. President Bush and other critics Felt this would impel employers to avoid a disparate Impact in the first place by instituting a quota system. Sponsors of the Bill added a Section 13 to disclaim quotas but Bush was not satisfied. The quota argument in my own View was a scarecrow. A More convincing objection was to the costly litigation that the Bill would have produced. It would Nave made a thousand lawyers Rich. Those shakespearean rebels i Tell you had the right idea. C Universal press Syndicate Jim Fain Bush should Circle do to invade Kuwait Washington the persian Gulf impasse is getting More muddled by the Day and Public support is beginning to erode. President Bush balks at sounding a certain trumpet. Head have to admit he dispatched 250,000 troops to protect world Oil Supply. If he did that he might be accused of trading american boys for cheap Gas. So he insists Oil had nothing to do with it. A aggression not Oil a he repeats adding a Tew horrors at the rape of Kuwait and picturing Ler of the 90s, Saddam Hussein As the hit Well Saddam is several things none of them Nice but hitlers not among them. Hitler was a world class thug a threat to civilization Saddam is Bush league. While aggression and rape Are deplorable they be flourished through the postwar Era and we be intervened Only when Ake. We thought our vital interests at Sta syrians Hafez Assad is raping Lebanon at the moment even As we Welcome him and his troops if they Ever arrive As allies. Bush seems addicted to this kind of subterfuge. He used it on both sides of the budget Summit Row. It was the hallmark of his Campaign pledge of Alle it dance Flag factories Boston Harbor Wilie Horton read r a a a Quot dismissed after the history. Perhaps he Learned from his old Mentor Richard Nixon who disguised everything he did As something else. That wont work in the Long pull. The Only Way to insure sustained support is to without Pearl Harbor we would not have gone in when we did. Ironically the japanese attacked because wed Cut off their Oil a a Quot Quot a a a t to declare War on us. War is and since then . Presidents have skipped formal declarations even in such major wars As Vietnam and Korea one defeat and one draw please note. Yet a  to . % truth. Given its tragic toll should be a a hard sell. Many forget the years it took Franklin Roosevelt to convince the country world a Olpt All primly War ii was Worth fitting. The draft was ?lyf�?~8 it election As ancient saved by one vote in the summer of 1941. We re in this together a ild to stay is if he Hasni to already president Bush ought to Circle a Date on his Calendar to invade Kuwait. Unless Saddam meets our terms or we break him he will control 45 percent of the worlds Oil. That would doom Israel mid give him blackmail leverage Over Europe and industrialized Asia it would rupture our Economy lowering the Standard of living. That a Worth fighting for. Given the balance of forces with a Little Luck the duration should be Short and casualties however painful moderate. We should not wait past january when the onrushing summer would doom us to another nine months in bivouac. It would be Nice to have a Churchill to explain All this but you done to get those often. Even frenetic old George fractured syntax and All can manage if hell Stop drooling the poll driven nonsense dreamed up by his image makers and talk Plain sense. We need to act through the United nations too Tough As that Selling Job will be. Collective Security a time has come. We can to police the Globe by ourselves. One More reason the president of the United states needs to come but of his political closet and Tell it exactly As it is Over and Over again. Cox news service