Affirmative action is an attempt by an employer to increase the number of workers it draws from groups currently under-represented among its workforce. African-Americans are currently grossly over-represented in the armed services, especially in the enlisted ranks. So I find it utterly baffling that Eugene Volokh sees an inconsistency between (1) supporting affirmative action; (2) celebrating the success of the military in moving African-Americans up its career ladder; and (3) opposing efforts to further increase the over-representation of African-Americans by selectively recruiting them.
Eugene has pointed out that Jacob Weisberg, who wants it to be the case that GWB is inarticulate and incoherent, sometimes stretches to find incoherence where none exists. In this case it seems to me that Eugene, who would love it to be true that the ACLU is inconsistent, seems to have imagined inconsistency in a perfectly consistent set of positions.