Compelling … “At This Time”

Justice O’Connor’s opinion for the Court in Grutter reminds me of a communication I received recently from an automobile manufacturer weaseling out of a warranty obligation.

She acknowledged that, yes, there is a strong presumption against the state playing racial favorites but that the need for “diversity” in higher education, as revealed and provided by skin color or ethnicity, is compelling enough to override that presumption … at least for now and for, maybe, another 25 years.

Let’s move now from the ridiculous (Justice O’Connor’s opinion) to the sublime, our new Subaru Forester XT. I’m a big fan of Subaru; it really does make good cars (this one is not our first); but somehow it let the ’06 models with manual transmissions out of the gate with a glitch in the ECU (electronic control unit, i.e., computer) that causes a noticeable bucking/stumbling/lurching in situations where one is trying to keep the throttle on that fine line between off altogether (coasting) and applying the smallest possible amount of gas, such as driving in a shopping center or parking lot in first or second gear. The ’06 models have a new “drive by wire” bug feature, a throttle controlled electronically by the ECU and not by the traditional cable, and quite obviously the ECU settings here need a bit of tweaking.

A tech rep from Subaru drove our car and, happily, pronounced it “normal.” Of course anyone can see that it isn’t, as confirmed by a good friend who owns a large Subaru dealership in another state. So I described the problem to Subaru customer service, who replied:

At this time, we stand behind the decision of our Field Representative…. Since it has been determined that this concern is normal then there would not necessarily be a resolution for your concern. In the past, however, adjustments have been made to our vehicles strictly from a customer service standpoint and not because a problem was found. If this occurs, then owners will be notified accordingly.

I love this. Your problem is “normal.” At least “at this time.” “Normal” doesn’t mean, here, that the car performs as it should. It means all the ’06 manual transmission models behave just the way yours does. It also means Subaru has not received enough complaints, yet, to do anything about the problem normal behavior. In the future, after it has received enough complaints or otherwise gets around to fixing the errant behavior, it of course won’t be normal any more, and I’ll be notified. Of course, if/when they fix the problem, it won’t mean there actually was a problem, just a “customer service” generously provided.

Racial preferences represent a bucking/stumbling/lurching of the constitutional order. “At this time,” however, thanks to Justice O’Connor, they’re regarded as normal by the home office. Maybe the problem will be corrected in 25 years, after some later justices decide that the need for racial discrimination is no longer compelling. Or maybe, with some personnel changes in headquarters and increasing customer complaints, sooner.

Say What? (1)

  1. James June 12, 2006 at 5:02 pm | | Reply

    Stevens voted with the minority in Bakke and with the majority on Grutter. What happened in the interim?

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