“It is our belief that a brief filed by the solicitor generals office supporting the State of Texas -- and the values of judicial restraint -- could well have ... altered the outcome. In sum, this is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground and should have.”
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“Many of the conservative policies pursued by the (Justice) Department, such as the decisions not to seek (school) busing or hiring quotas ... have not been formalized in any way and could be instantly reversed when a new administration took office. It makes eminent sense to pursue legislation to guarantee that our policies cannot be easily undone.”
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“This is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground, and should have.”
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