Byline: Mary Shaffrey, THE WASHINGTON TIMES
The state attorney general's office is telling Virginia state-funded colleges not to admit students on racial or ethnic grounds to make up for past discrimination.
"We are unaware of any facts or credible legal theory that would support the use of race-conscious programs - for remedial purposes - at any of Virginia's public institutions of higher education," State Solicitor William Hurd wrote in a private memo dated April 22.
"Circumstances today no longer support such programs and they must be discontinued as contrary to public law," he told admission officials, according to a copy of the memo obtained by the Center for Equal Opportunity, a nonprofit education group.
Timothy Murtaugh, spokesman for Republican Attorney General Jerry Kilgore, said the memo was not intended for public distribution.
"It's not [that it was] secret, that's not entirely accurate," Mr. Murtaugh said. "It was advice from an attorney to his clients, meaning the colleges and the universities. The attorney generally does not release that."
Gov. Mark R. Warner, a Democrat, would not comment on the admissions advice Mr. Kilgore's office dispensed.
Roger Clegg, the center's general counsel, said he was glad Mr. Kilgore shared his legal views with college officials. "Some think that those who use [race-based policies] are skating on thin ice. We think the ice is actually not there, that it is non-existent," he said.
Earlier this week, The Washington Times reported that black students with B-plus undergraduate grades and above-average scores on …