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.

217

This is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground, and should have.

129