Attorney General
DOJ Memo: White House May Ignore Laws Barring Hiring Bias in US Programs
Posted Oct 20, 2008, 11:19 am CST
By Debra Cassens Weiss
A 2007 Justice Department memorandum maintains the Bush administration has the power to give money to groups that hire persons of only one faith, even for federal programs created under laws barring discrimination.
The New York Times says the memorandum by the Office of Legal Counsel was “quietly posted” on the Justice Department’s website last week. It approved a $1.5 million grant to a group that hires only Christians to run a program helping youths at risk of joining gangs. The law creating the program bars discrimination in hiring.
The memorandum says the Religious Freedom Restoration Act gives the White House the power to ignore federal laws barring discriminatory hiring by groups spending federal money. Several law professors told the Times they doubted the legal argument would hold up in court.
Indiana University law professor Dawn Johnsen told the Washington Post the new president should review the legal opinions issued by the Office of Legal Counsel because of its broad view of presidential power. The office has been in the news for issuing opinions supporting harsh interrogation techniques and a warrantless wiretap program in foreign intelligence cases.
A new administration could rescind the memorandums, although there is usually an effort to maintain continuity in the office's opinions when a new president takes office.