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- <text id=93TT1884>
- <title>
- June 14, 1993: Tailor-made to be Used Against Her
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Jun. 14, 1993 The Pill That Changes Everything
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE WHITE HOUSE, Page 24
- Tailor-made to be Used Against Her
- </hdr>
- <body>
- <p>By ANDREA SACHS
- </p>
- <p> The issue that Lani Guinier attacks in her writings--the
- tyranny of the majority, as James Madison described it--is
- neither obscure nor an unworthy target. But it's small wonder
- that few people are familiar with her scholarship. Turgid and
- ambiguous, Guinier's writing is not the stuff of bedtime reading.
- A case in point is her 48,948-word article in the Michigan Law
- Review of March 1991, titled "The Triumph of Tokenism," which
- Clinton singled out last week in explaining why he was withdrawing
- her nomination. "Many of her analyses I agree with," he said,
- but he dismissed her proposals as "antidemocratic, very difficult
- to defend."
- </p>
- <p> Guinier stands by her position that Clinton, like her other
- critics, just didn't get it. "I think that the President and
- many others have misinterpreted my writings, which were written
- in an academic context, which are very nuanced, which are very
- ponderous," she said. On the latter points, no one will argue
- with her. Guinier's work is mainly directed toward a small audience
- of law professors who specialize in the Voting Rights Act, the
- 1965 federal statute that protects racial minorities from electoral
- discrimination.
- </p>
- <p> In her Michigan Law Review piece, Guinier assails current interpretations
- of the Voting Rights Act and proposes changes. Essentially she
- contends that what blacks and Hispanics have achieved under
- the act is tokenism. Although they are being elected in greater
- numbers, she says, they remain isolated by legislative racism.
- A "hostile permanent majority" in some places has been unwilling
- to give minorities in legislatures a fair share of power.
- </p>
- <p> Her proposed solutions are complicated, at least compared with
- conventional electoral rules. One remedy is "cumulative voting,"
- in which every voter would be given as many votes as there are
- seats available. For example, if there were five city-council
- members, each voter would have five votes. That measure, says
- Guinier, would allow black voters to cast all their ballots
- for a black candidate, consolidating their power. Dozens of
- communities, mainly in Alabama, have already used such schemes.
- A more drastic remedy would be a "minority veto," which would
- allow judges to give black legislators the power to veto a measure
- by the majority in situations where proposals by minority legislators
- have been consistently thwarted.
- </p>
- <p> Among academics who study voting rights, Guinier's writing is
- generally held in high regard. "She's the best legal scholar
- working in voting rights today," says Professor Kathryn Abrams
- of Cornell law school. "In a scholarly sense, I don't consider
- her outside the mainstream." That assessment is more strenuously
- debated in wider legal circles. Says Stuart Taylor Jr. of Legal
- Times, who has studied Guinier's writings: "She's more radical
- than her supporters would have you believe. Her proposals seem
- to be premised on a bleak vision of America as a land of `subjugated
- minorities' and a racist white majority."
- </p>
- <p> Radical or not, Guinier's writing is tailor-made to be selectively
- used against her. Conservative groups and other critics circulated
- copies of her writings to news organizations, highlighting portions
- that were purported to take far-out positions. In her appearance
- on Nightline, Guinier argued that the quoted passages were out
- of context. She insisted that she was giving "a description
- of other people's views" in the Michigan article when she contended
- that "authentic leaders are those elected by black voters,"
- thereby suggesting that black politicians elected by white majorities
- are not legitimate. Even in context, it is unclear whether she
- was endorsing that view or merely citing it. In any event, the
- reader who mattered most did not agree with her assertions.
- </p>
-
- </body>
- </article>
- </text>
-
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