Authorization of the Civil Rights Division of the Department of Justice Hearin

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What we saw in the Mr. Canady. I was clearing my throat.
Mr. Patrick. I'm sorry.
Mr. Canady. I'm sorry, I was coughing.
Mr. Patrick. What we saw in the President's review is that very, very few programs actually operate that way. To the extent that they do, then they're going to be programs that we have to deal witn in the course of the Associate Attorney General's review.
Mr. Canady. Let me touch on an issue related to the case that we've discussed here on Capitol Hill, and it's been in the ne...ws quite a bit. That's the Piscataway case. Is the Department going to reevaluate its position in the Piscataway case in light of the Adarand decision?
Mr. Patrick. No.
Mr. Canady. OK. Now the Office of Legal Counsel in a memoran- dum that they have produced with respect to Adarand has said that it is clear that, "to the extent affirmative action is used to fos- ter racial and ethnic diversity, the government must seek some fur- ther objective beyond the mere achievement of diversity itself. " Do you think that that statement is consistent with the Govern- ment's position in the Piscataway case?

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