It’s supposed to identify potential excellence that, but for it being affirmatively sought out and promoted, would be stunted amid routinized prejudice and exclusionary practices. The one-time quotas against Jews and blacks at waspy Ivy league schools is often cited, but the reason affirmative action received popular support is because prejudice was practiced widely throughout society.

Ironically, Clarence Thomas’ early career exemplifies it working well, though he hates the association because he thinks it means he didn’t earn his success. What AA really prevented was the then likely result, that regardless of his talent, the opportunity to realize it would have been routinely denied him because of his skin color. That doesn’t, however, mean he was remotely qualified for the Supreme Court when compared with other African American, Hispanic or women candidates then available.

I consider his appointment an example not so much of the Peter Principle, but of the principle that there were so few top-notch African American lawyers who thought allying themselves with the GOP was a responsible thing to do.

The lawyers in Houston I have spoken with say Gonzales is barely competent to put his socks on in the morning.

Just so you know, I’m stopping myself from replying with the rejoinder “He wears socks?”

A more confidant executive lawyer than Gonzales would have hired top notch constitutional and national security juniors – loyal to him – to advise him. The consistent narrative is that Gonzales punted, caved to the ominous presence of Cheney and Cheney’s dominance over Bush, and relied on Addington, Cheney’s lawyer and longtime aide.