Mr. Buckley begins this often passionate debate by reminding us that the much- reviled California Civil Rights Initiative "exactly replicate[s]" the language of the Civil Rights Act of 1964-the act about which Senator Hubert Humphrey said on the Senate floor: "If ever this act is used to discriminate against anyone because he is male or white, I will eat the bill page by page." Mr. Edley counters with a wealth of statistics, including those gleaned by "scientifically designed" studies showing "that 30 to 50 per cent of minorities [people of color and women] encounter some form of discrimination" in renting apartments or seeking jobs "when compared with otherwise identical white, male counterparts." Ms. Guinier details police departments' experience in hiring blacks, Puerto Ricans, and, and concludes: "The point is that no single rule predicts success, and no single criterion defines the job. If we understand this, we can learn to use affirmative action as a window, not a wedge." Mr. Connerly asks Mr. Edley, "Professor, how can you reconcile the view that you are opposed to preferences and then file-" CE: "What do you mean by preferences? I don't- I know that all of the Republican talking points that are faxed around say, 'Use the word "preference" as often as possible,' and they say 'Never talk about women, only talk about race.' But I don't really know what you mean by the word 'preferences.' " WC: "Grant me the opportunity of asking the question without the other stuff."
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