Supreme Court strikes down affirmative action in college admissions. Why is this a bad idea and why does it hurt black and Asian students the most? We discuss why it s unfair on every level, and why affirmative action is a racist system that needs to go. Today's episode is brought to you by The New York Times, The Atlantic, and The Huffington Post. Our theme song is How We Do by Suneaters, courtesy of Lotuspool Records. The album art for the episode was done by our super talented Ameya Vellian and our ad music was made by Mark Phillips. This episode was edited by Annie-Rose Strasser and edited by Alex Blumberg. It was mixed by Matthew Boll and Matthew Boll. Special thanks to our sponsor, Caff Monster Energy Drink, for making great tasting margaritas with twice the caffeine and fueling the podcast. We hope you enjoy listening to this episode and share it with your friends and family. Tweet us and tell us what you think of it! if you think it s good, share it on social media! Timestamps: 4:00 - What do you think about affirmative action? 5:30 - Why it s racist? 6:40 - What are your thoughts on the decision? 7:10 - What does it mean? 8:20 - Why is it unfair? 9:00 11:00 | Why is affirmative action a problem? 12: What would you like to see in the future of college admissions policies? 13: What are you looking for? 15:30 16: What is the best way to get into college? 17: What s your biggest takeaway from this episode? 18: What's your favorite part of the piece? 19:00 -- What is your favorite piece of advice? 21:30 -- Is it a good thing? 22:40 -- How would you want to hear from someone else s college experience? 26: How do you want me to go back to school? 27:10 -- What s the worst thing you re going to do in the next episode of the movie ? 29:20 -- How do I think it's a good? 30:00 Is it better? 31:10 32: Does it have a better chance of getting into college next time? 35:30 | Why it's better than it s better than that?
00:00:00.000So it's a historic decision from the United States Supreme Court.
00:00:02.000They've now struck down affirmative action in college admissions.
00:00:06.000It was a violation of the 14th Amendment, the Equal Protection Clause, which suggests that all human beings, regardless of their race, have to be treated equally under the law.
00:00:14.000And there are a bunch of reasons why they struck it down.
00:00:16.000We're going to go through the opinion in full detail.
00:00:18.000Affirmative action is deeply unfair on every level.
00:00:21.000Doesn't matter what race you are talking about.
00:00:24.000If one race is able to get into college with scores that are 200 points below another race, that is obviously racist and it's obviously discrimination under the Equal Protection Clause.
00:00:32.000That's exactly what was happening when it came to Harvard University as well as the University of North Carolina.
00:00:37.000Both of those particular colleges were the ones who were named in this lawsuit.
00:00:42.000The statistics that are cited in the in the actual Supreme Court opinion showing Harvard's attempts to boost minority enrollment demonstrate the disparity between performances for the groups that got in and the groups that did not get in.
00:00:55.000According to the Supreme Court, Here were the top academic decal chances of getting into college.
00:01:01.000So you're the top performing people in your particular group, top 10%.
00:01:06.000So if you are a top 10% performing Asian, you had a 12.7% chance in terms of getting into Harvard.
00:01:13.000If you are a top performing white student, top tactile, right, meaning the top 10%, this means you had a 15.3% chance of being admitted to Harvard.
00:01:21.000If you were Hispanic, you had a 31.3% chance of being admitted to Harvard.
00:01:25.000And if you were black, you had a 56% chance of being admitted to Harvard.
00:01:29.000These are people with the same scores.
00:01:32.000What's even more astonishing is that when you actually look at this chart, you will find that if you are in the fourth academic tactile, meaning that you perform better than 40% of people, You perform better than 40% of other students when it comes to test scores and GPA.
00:01:49.000If you are white, you have less than a 2% chance of getting in.
00:01:51.000If you're Asian, you have less than 1% chance of getting in.
00:01:53.000If you're Hispanic, you have a 5% chance of getting in.
00:01:55.000If you are black, you have a 12.8% chance of getting in.
00:01:58.000This means you have a better shot of getting into Harvard if you're a black student who performed better than 40% of the population than if you're an Asian student who performed better than 90% of the population.
00:02:11.000And that disparity is obviously racist.
00:02:14.000This means a discrepancy in scores of 200 up to 300 points between Black students who are getting into Harvard and Asian students who are getting into Harvard.
00:02:21.000And it's Asians who are suffering the most under this regime because obviously the discrimination has to come at somebody's cost.
00:03:11.000Affirmative action on its own terms fails.
00:03:14.000This idea that affirmative action is the rung up, it is the pathway to success for black students in America, it's just not true.
00:03:21.000Steven and Abigail Thornstrom wrote years and years ago for The Atlantic and for the Brookings Institute.
00:03:26.000They concluded, quote, not only did significant advances in black income increases predate the affirmative action era, the benefits of race conscious policies are not clear.
00:03:36.000In the decades since affirmative action policies were first instituted, the poverty rate has remained basically unchanged.
00:03:40.000Despite black gains by numerous other measures, close to 30% of black families still live below the poverty line.
00:03:45.000And then there's a bigger problem, which is that even the students who get into places like Harvard or Yale for affirmative action, because they were the top performing black students, but because they're performing maybe in middle of the pack in terms of overall student body, they're also more likely to drop out by leaps and bounds.
00:04:02.000In fact, according to Richard Sander and Stuart Taylor in The Atlantic in 2012, mismatched black students, meaning students who got in through significant affirmative action, are twice as likely to be derailed from pursuing a doctorate and an academic career because if you succeed at Northwestern because you're a really, really good black student and then you go on to get your MD, that is a better career path than getting into Yale and then flunking out.
00:04:22.000Black law school grads are currently four times as likely to fail the bar as their white counterparts.
00:04:25.000Black college freshmen want to go into science or engineering more than white students but are twice as likely to drop out as of 2012.
00:04:30.000And about half of black college students ranked in the bottom 20% of their classes and the bottom 10% in law schools.
00:04:36.000They were overrepresented in terms of the underperforming students in the schools they actually got into, which makes a lot of sense.
00:04:42.000Again, if you compare them in terms of test scores, black students who got into Affirmative Action to other students, of course they're underperforming.
00:04:48.000That's why they required the Affirmative Action.
00:04:52.000Now there is this idea that the best way to remedy historic injustices is to treat people as groups and then give them a quote-unquote leg up.
00:04:58.000But there's no other context in which we would consider this good policy.
00:05:02.000Take for example, Major League Baseball, just as an example.
00:05:05.000So Major League Baseball had a color line for the first half century of its existence.
00:05:11.000Black players were not allowed to play.
00:05:13.000This is why the Negro Leagues got started starting in like the 1920s.
00:05:15.000And there are amazing black players in the Negro Leagues.
00:05:19.000In 1945, Jackie Robinson is signed by the Brooklyn Dodgers.
00:05:22.000He makes his first appearance in the Major Leagues by 1947.
00:05:25.000By 1948, the Negro Leagues are out of existence.
00:05:26.000Imagine for a second that Major League Baseball had said, we need a quota of black players.
00:05:31.000We're not just going to take the best black players and then they're going to now play in the Major Leagues because we use the same standards.
00:05:35.000Either you can hit, you can field, and you can run, or you can't.
00:05:37.000Imagine if what they had said was, we need, in order to rectify past imbalances, we need to make sure that a certain percentage of Major League Baseball players are black.
00:05:45.000Because after all, you can't hold people back from the starting line and then fire the gun, as the metaphor goes, and then expect that everybody is going to run equally or evenly.
00:05:54.000So, what Major League Baseball would do, let's say, as an affirmative action program, is they would now insist that black pitchers would only need to throw two strikes to strike somebody out, and black hitters would get four strikes before they struck out.
00:06:07.000Would that make black performance overall better?
00:06:10.000Or would it be lowering the standard, meaning that you don't have to perform as well as a black baseball player in order to succeed in Major League Baseball if the rules were changed just for black players in 1948 in Major League Baseball?
00:06:22.000Also, would that heighten or would it lower ethnic tensions in Major League Baseball if black players only had to throw two strikes and got four strikes at the plate?
00:06:30.000That's effectively what we are doing with affirmative action programs.
00:06:58.000But there are only two possible arguments here.
00:07:02.000One is that black Americans are somehow lesser or inferior, which is just pure racism, and it's not true.
00:07:08.000The other is that America is so inherently racist that black Americans will never be able to get ahead.
00:07:13.000They will be inherently victimized just because of the color of their skin.
00:07:16.000That's not true either, but that is the left-wing ideology that supports affirmative action.
00:07:20.000The problem is there's no endpoint there, and there is no way to cure it, and there's no point at which you say, okay, everybody is now good.
00:07:25.000Okay, so in a second we're going to get into the actual opinion because it is quite fascinating.
00:07:29.000We're going to go through the Chief Justice Roberts' opinion.
00:07:33.000He was joined by Thomas Alito, Gorsuch, Kavanaugh, and Barrett, so the conservatives on the court, the Republican nominees on the court.
00:07:38.000We're going to go through his opinion, then we're going to go through Clarence Thomas' concurrence, which is one of the great pieces of legal writing I've ever seen.
00:07:43.000It really is a tremendous piece of legal writing.
00:07:45.000And then we're going to get to the Sotomayor dissent.
00:07:49.000And then we're gonna get to the Brown-Jackson descent, which is just a horrendous piece of garbage.
00:07:54.000We'll go through all of that momentarily.
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00:09:01.000Okay, so let's go through some of this opinion.
00:09:04.000So the opinion is written by Chief Justice Roberts.
00:09:08.000I assume because it's a broad majority and also because he, I think, wants to moderate a couple of aspects of the Thomas opinion.
00:09:16.000He wants to leave a loophole, as we'll get to in a second.
00:09:18.000This is very typical for Justice Roberts, but it is a very well-written opinion.
00:09:22.000So here's some of what Justice Roberts writes.
00:09:24.000And by the way, the entire compendium of this case is about 240 pages.
00:09:27.000So, Justice Roberts says, despite our early recognition of the broad sweep of the Equal Protection Clause, this court, alongside the country, quickly failed to live up to the clause's core commitments.
00:09:36.000For almost a century after the Civil War, state-mandated segregation was in many parts of the nation a regrettable norm.
00:09:41.000By 1950, the inevitable truth of the 14th Amendment had begun to reemerge.
00:09:47.000These decisions reflect the core purpose of the Equal Protection Clause, doing away with all governmentally imposed discrimination based on race.
00:09:52.000So one thing that the Roberts opinion, the Thomas concurrence, and the dissents have in common is they try to go through America's racial history in sort of one document.
00:10:02.000And what Roberts is pointing out here is that the Equal Protection Clause of the 14th Amendment mandates it was passed on the senate 1866 ratified by 1868 and it mandates that every person born or naturalized in the united states including people who are formerly enslaved must be must be given equal protection under the laws and what that was meant to do as justice thomas goes into detail about was ensure that black people were not different were not differently treated by the law than white people and asian people were not differently treated by the law than black people and everybody was treated the same based on race
00:10:35.000Robert says, eliminating racial discrimination means eliminating all of it.
00:10:39.000And the Equal Protection Clause, we have accordingly held applies without regard to
00:10:42.000any differences of race, of color, or of nationality. It is universal in its application.
00:10:46.000For the guarantee of equal protection cannot mean one thing when applied to one individual
00:10:50.000and something else when applied to a person of another color. And those are citations to
00:10:54.000prior cases. So the list of affirmative action decisions, the big decision that everybody is
00:11:01.000is worried about is a case called Grutter v. Volinger.
00:11:04.000Grutter v. Bollinger followed on the heels of another case called Bakke.
00:11:08.000So Bakke basically said affirmative action regimes are, we think, kind of okay, but it was kind of unclear.
00:11:14.000Grutter v. Bollinger was designed to essentially soften that and make way for the possibility of getting rid of affirmative action at some point in the future.
00:11:23.000It was a five-floor split opinion, was Grutter v. Bollinger.
00:11:27.000The majority opinion was by Sandra Day O'Connor.
00:11:30.000And the court held that the Equal Protection Clause did not prohibit Michigan Law School using, in narrowly tailored ways, race and admissions to further a compelling interest.
00:11:40.000Now, the problem is they never really defined a compelling interest.
00:11:41.000Gertrude W. Bollinger's very, very badly decided decision.
00:11:45.000And the decision also suggests that sometime in the future, I mean, they openly state in this decision that sometime in the future, 25 years from now, perhaps, we will change our minds about this.
00:11:54.000Well, it's been 20 years since Gertrude W. Bollinger, and now was apparently the time This is what the court points out.
00:12:01.000Gruner concluded with the following caution, quote, it has been 25 years since Justice Powell first approved
00:12:06.000the use of race to further an interest in student body diversity
00:12:08.000in the context of public higher education.
00:12:11.000We expect that 25 years from now, the use of racial preferences will no longer be necessary
00:12:14.000to further the interest approved today.
00:12:16.00020 years later, says the court, no end is in sight.
00:12:20.000Yet both of these colleges insist the use of race in their admissions programs must continue.
00:12:24.000In other words, there is no actual defining feature to the timeline that was set out by the court.
00:12:29.000and colleges are taking advantage of that.
00:12:32.000They have no end goal, in other words.
00:12:35.000The court says the question whether a particular mix of minority students produces, quote, engaged and productive citizens, sufficiently enhanced appreciation, respect, and empathy, or effectively trains future leaders is standardless.
00:12:45.000The interests respondents seek, though plainly worthy, are inescapably imponderable.
00:12:49.000In other words, there's a constitutional standard when you examine a law that appears to violate the Equal Protection Clause.
00:12:57.000Basically, strict scrutiny says you have to have a really, really, really, really, really super good reason for violating the Equal Protection Clause.
00:13:04.000And that super really really really good reason has to be something like you're trying to avoid a race riot at a prison.
00:13:09.000So you separate the blacks and the whites at a prison because you're afraid that the Nazi gang is going to fight the black gang or something.
00:13:15.000That's literally the case that they cite in this case.
00:13:17.000Other than that, what compelling interest is there in treating people of different races differently under the law?
00:13:52.000Courts may not license separating students on the basis of race without an exceedingly persuasive justification that is measurable and concrete enough to permit judicial review.
00:14:03.000to some applicants but not to others necessarily advantages of the former group at the expense of
00:14:07.000the latter. This is what we were talking about. Black students are getting in, Asians are getting
00:14:11.000booted. So by the way are Jewish students. According to the court, we have time and again
00:14:15.000forcefully rejected the notion that government actors may intentionally allocate preference to
00:14:19.000those who have little in common with one another but the color of their skin.
00:14:22.000The entire point of the Equal Protection Clause is that treating someone differently because of their skin color is not like treating them differently because they are from a city or from a suburb or because they play the violin poorly or well.
00:14:31.000In other words, in the dissents, there's a lot of talk about, well, a seventh generation legacy white student who has the following characteristics versus a poor black student.
00:14:39.000But the point the court is making is you can say poor without saying black.
00:14:44.000Because it turns out there are lots of rich black people in this country too.
00:14:47.000Like Bronnie James is doing just fine.
00:14:50.000This belief that just because you are a member of a particular race you are therefore disadvantaged in some unspecified way compared to a white person from Appalachia or an Asian student who's studying in the closet because mommy can't afford the electricity to be available in another room in the apartment.
00:15:05.000They don't have an extra room in the apartment.
00:15:08.000People come in varieties of life experiences of various different races, says the court.
00:15:14.000In the years after Bakke, the court repeatedly held that ameliorating societal discrimination does not constitute a compelling interest that justifies race-based state action.
00:15:21.000We reached the same conclusion in Croson, a case that concerned a preferential government contracting program, permitting past societal discrimination to serve as the basis for rigid racial preferences would be to open the door to competing claims for remedial relief for every disadvantaged group.
00:15:33.000And this is forcefully rejecting the idea that affirmative action is designed in order to remediate past discrimination because, again, that looks a lot more like the Major League Baseball example we're talking about.
00:15:41.000And also, at what point do you decide which groups have had enough relief and which groups now deserve more relief?
00:15:46.000The opinion concludes, while the dissent would certainly not permit university programs that discriminated against Black and Latino applicants, it is perfectly willing to let the programs here continue.
00:15:56.000In its view, this court is supposed to tell state actors when they have picked the right races to benefit.
00:16:00.000Separate but equal is inherently unequal, said Brown vs. Board.
00:16:08.000Lost in the false pretense of judicial humility that the dissent espouses is a claim to power so radical, so destructive, it required a second founding to undo.
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00:17:43.000Okay, so the loophole in the Roberts opinion is the one that the left is looking to exploit.
00:17:49.000So the opinion says, quote, at the same time, as all parties agree, nothing in this opinion should be construed as prohibiting universities from considering an applicant's discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.
00:18:01.000But despite the dissent's assertion to the contrary, universities may not simply establish through application essays or other means the regime we hold unlawful today.
00:18:08.000A dissenting opinion is generally not the best source of legal advice on how to comply with the majority opinion.
00:18:13.000They literally put that in parentheses, which is basically saying, don't listen to Ketanji Brown-Jackson.
00:18:16.000You can't write an essay about how being black in America just means that you have it worse off because you're black.
00:18:21.000We don't believe that and we are not going to allow any university to establish that as the standard.
00:18:25.000That instead of you essentially writing, checking a box on your form that says black, instead you just write in your essay, I am black, like a hundred times.
00:18:35.000And don't look to Ketanji Brown Jackson's standard for what now counts as admissible criteria.
00:18:41.000Now, this does leave the door open to future problems, right?
00:18:44.000You can see colleges attempting to end around this.
00:18:46.000In fact, University of California has been doing this for years.
00:18:49.000California actually banned affirmative action in 1996 and then re-upped that in 2020, as you'll recall.
00:18:56.000And if you look at the admitted students at UCLA by race and ethnicity, one of the things that you'll notice is that as of 2021, They were back to levels of black tenants at the UCs that they haven't seen since 1995.
00:19:07.000One of the ways that they've been doing that is by banning tests.
00:19:51.000And of course, Clarence Thomas can speak to this, growing up the grandson of sharecroppers.
00:19:55.000Who is now on the Supreme Court of the United States.
00:19:57.000I know that we're all supposed to pretend that Ketanji Brown-Jackson is somehow emblematic of the black racial experience in America.
00:20:03.000Actually, Clarence Thomas is much more emblematic of the black racial experience in America, considering that he's much older and actively grew up in a time before the civil rights movement had had full effect.
00:20:13.000As opposed to, say, Ketanji Brown-Jackson.
00:20:23.000Which means that she was born in like the early 70s.
00:20:26.000Okay, Clarence Thomas was born In 1948.
00:20:32.000So he had a lot more experience with discrimination than Katonji Brown Jackson.
00:20:37.000So Thomas writes, quote, In the wake of the Civil War, the country focused its attention on restoring the Union and establishing the legal status of newly freed slaves.
00:20:44.000The Constitution was amended to abolish slavery and proclaim that all persons born in the United States are citizens entitled to the privileges or immunities of citizenship and the equal protection of the laws.
00:20:52.000Because of that second founding, our Constitution is colorblind and neither knows nor tolerates classes among citizens.
00:20:59.000Again, I've said for literally my entire legal career, Thomas is the best justice on the court.
00:21:11.000He has always been, in my view, the best justice on the court.
00:21:17.000Clarence Thomas is clear, he's concise, and he makes his case very persuasively.
00:21:22.000In the 1860s, says Thomas, Congress proposed and the states ratified the 13th and 14th Amendments.
00:21:27.000And with the authority conferred by these amendments, Congress passed two landmark Civil Rights Acts.
00:21:31.000Throughout the debates on each of these measures, their proponents repeatedly affirmed their view of equal citizenship and the racial equality that flows from it.
00:21:38.000In fact, they held this principle so deeply that their crowning accomplishment, the 14th Amendment, ensures racial equality with no textual reference to race whatsoever.
00:21:45.000The history of these measures enactment renders their motivating principle as clear as their text.
00:21:49.000All citizens of the United States, regardless of skin color, are equal before the law.
00:21:54.000However, says Thomas, despite the extensive evidence favoring the colorblind view as detailed above, it appears increasingly in vogue to embrace an anti-subordination view of the 14th Amendment, that the amendment forbids only laws that hurt but not help blacks.
00:22:06.000Such a theory lacks any basis in the original meaning of the 14th Amendment.
00:22:11.000He says three aspects of today's decision weren't common.
00:22:13.000First, to satisfy strict scrutiny, universities must be able to establish an actual link between racial discrimination and educational benefits.
00:22:20.000Second, those engaged in racial discrimination do not deserve deference with respect to their reasons for discriminating.
00:22:26.000And third, attempts to remedy past governmental discrimination must be closely tailored to address that particular past governmental discrimination.
00:22:34.000The court, he says, makes clear that in the future, universities wishing to discriminate based on race and admissions must articulate and justify a compelling and measurable state interest based on concrete evidence.
00:22:43.000Given the strictures set out by this court, I highly doubt any will be able to do so.
00:22:48.000And then he points out that without guardrails suggesting colorblindness, the 14th Amendment would, quote, become self-defeating, promising a nation based on equality, but yielding a quota and case-ridden society steeped in race-based discrimination.
00:23:03.000Now the best part of Thomas' opinion is where he just destroys Jackson's dissent.
00:23:08.000So Jackson's dissent, which we'll get to momentarily, is truly an awful piece of writing.
00:23:12.000It is evidence, in and of itself, that affirmative action picks are not good.
00:23:15.000She was literally picked because Joe Biden said he wanted a black woman.
00:23:21.000But it is amazing how Thomas just stomps the dissent in this particular concurrence.
00:23:29.000He says, Justice Jackson has a different view.
00:23:32.000Rather than focusing on individuals as individuals, her dissent focuses on the historical subjugation of Black Americans, invoking statistical racial gaps to argue in favor of defining and categorizing individuals by their race.
00:23:44.000As she sees things, we are all inexorably trapped in a fundamentally racist society, with the original sin of slavery and the historical subjugation of Black Americans still determining our lives today.
00:23:54.000The panacea, she counsels, is to unquestioningly accede to the view of elite experts and reallocate society's riches by racial means as necessary to quote-unquote level the playing field, all as judged by racial metrics.
00:24:06.000He says Justice Jackson would replace the second founder's vision with an organizing principle based on race.
00:24:11.000In fact, on her view, almost all of life's outcomes may be unhesitatingly ascribed to race.
00:24:15.000This is so, she writes, because of statistical disparities among different racial groups.
00:24:19.000Even if some whites have a lower household net worth than some blacks, what matters to Justice Jackson is that the average white household has more wealth than the average black household.
00:24:27.000This lore is not and has never been true.
00:24:29.000Even in the segregated South where I grew up, individuals were not the sum of their skin color.
00:24:33.000Then as now, not all disparities are based on race, not all people are racist, and not all differences between individuals are ascribable to race.
00:24:40.000Put simply, the fate of abstract categories of wealth statistics is not the same as the fate of a given set of flesh and blood human beings.
00:24:48.000Worse yet, says Thomas, Justice Jackson uses her broad observations about statistical relationships between race and select measures of health, wealth, and well-being to label all blacks as victims.
00:24:56.000Her desire to do so is unfathomable to me.
00:25:00.000I cannot deny, says Justice Thomas, the great accomplishments of black Americans, including those who succeeded despite long odds.
00:25:05.000Nor do Justice Jackson's statistics regarding a correlation between levels of health, wealth, and well-being between selected racial groups prove anything.
00:25:12.000Of course, none of those statistics are capable of drawing a direct causal link between race rather than socionomic status or any other factor in individual outcomes.
00:25:19.000In fact, as we'll see, in the opinion, Justice Jackson specifically cites a stat that is just wrong.
00:25:25.000Talking about how black patients with black doctors are more likely to suffer maternal health effects, are less likely to suffer bad maternal health effects, so you need black doctors in order to stop black women from their babies dying.
00:26:10.000It is an insult to individual achievement and cancerous to young minds seeking to push through barriers rather than consign themselves to permanent victimhood.
00:26:17.000If an applicant has less financial means because of generational inheritance or otherwise, then surely a university may take that into account.
00:26:23.000As Thomas is saying, if you apply to a college and you say, I grew up really poor and I had to work my way Through high school because my parents didn't have enough money to pay for shoes.
00:26:32.000That obviously is relevant to your college experience and that will be taken into account, but that's not what she's talking about.
00:26:37.000She says if you just write, I am black on your application, you should get points for that.
00:26:42.000If an applicant has medical struggles or a family member with medical concerns, the university may consider that too, says Thomas.
00:26:47.000What it cannot do is use the applicant's skin color as a heuristic, assuming that because the applicant checks the box for black, he therefore conforms to the university's monolithic and reductionist view of an abstract average black person.
00:26:58.000Accordingly, Justice Jackson's race-infused worldview falls flat at each step.
00:27:02.000Individuals are the sum of their unique experiences, challenges, and accomplishments.
00:27:05.000What matters is not the barriers they face, but how they choose to confront them.
00:27:08.000And their race is not to blame for everything, good or bad, that happens in their lives.
00:27:11.000A contrary, myopic worldview based on individual skin color to the total exclusion of their personal choices is nothing short of racial determinism.
00:27:19.000In a brutal language, and absolutely appropriate in this case, Tom is just ripping into Jackson.
00:27:31.000If social reorganization in the name of equality may be justified by the mere fact of statistical disparities among racial groups, then that reorganization must continue until these disparities are fully eliminated, regardless of the reasons for the disparities and the cost of their elimination.
00:27:44.000If blacks fail a test at higher rates than their white counterparts, regardless of whether the reason for the disparity has anything at all to do with race, the only solution will be race-focused measures.
00:27:52.000If those measures were to result in blacks failing at yet higher rates, the only solution would be to double down.
00:27:57.000In fact, there would seem to be no logical limit to what the government may do to level the racial playing field.
00:28:01.000Outright wealth transfers, quota systems, racial preferences would all seem permissible.
00:28:05.000In such a system, it would not matter how many innocents suffer race-based injuries.
00:28:09.000All that would matter is reaching the race-based goal.
00:28:10.000Worse, the classifications that Justice Jackson draws are themselves race-based stereotypes.
00:28:15.000She focuses, in her opinion, on two hypothetical applicants, John and James, competing for admission to University of North Carolina.
00:28:22.000John is a white seventh-generation legacy at the school, while James is black and would be the first in his family to attend.
00:28:27.000Justice Jackson argues that race-conscious admission programs are necessary to adequately compare the two applicants.
00:28:32.000As an initial matter, it's not clear why James' race is the only factor that would encourage UNC to admit him.
00:28:37.000His status as a first-generation college applicant seems to contextualize his application, says Thomas.
00:28:40.000Right, you don't have to mention his race, just say he's a first-generation guy trying to get into college.
00:28:43.000But, setting that aside, why is it that John should be judged based on the action of his great-great-grandparents?
00:28:49.000And what would Justice Jackson say to John when deeming him not worthy of admission?
00:28:57.000How, for example, says Thomas, would Justice Jackson explain the need for race-based preferences to the Chinese student who has worked hard his entire life, only to be denied college admission in part because of his skin color?
00:29:08.000If such a burden would seem difficult to impose on a bright-eyed young person, that's because it should be.
00:29:12.000History has taught us to abhor theories that call for elites to pick racial winners and losers in the name of sociological experimentation.
00:29:19.000And then in a ringing endorsement of the meritocratic system, which is absolutely correct, Thomas says, In fact, meritocratic systems have long refuted bigoted misperceptions of what black students can accomplish.
00:29:28.000I have always viewed higher education's purpose as imparting knowledge and skills to students rather than a communal rubber stamp credentialing process.
00:29:35.000I continue to strongly believe and have never doubted that blacks can achieve in every avenue of American life without the meddling of university administrators.
00:29:41.000Meritocratic systems with objective grading scales are critical to that belief.
00:29:45.000Such skills have always been a great equalizer, offering a metric for achievement that bigotry could not alter.
00:29:49.000Racial preferences take away this benefit, eliminating the very metric by which those who have the most to prove can clearly demonstrate their accomplishments both to themselves and to others.
00:29:57.000The point that Thomas is making right there is that if you use a meritocratic system, this means that when you have a black doctor, your first thought isn't, did that guy get in through affirmative action?
00:30:06.000Do I have to worry about his skill set?
00:30:08.000Which is a normal thought if the person was admitted based on a group stereotype as opposed to on, you know, the basis of a great score.
00:30:15.000If we use actual test scores, then this means that I know that everybody who got into Harvard had a 1500 on their SAT.
00:30:21.000That means everybody who got into Harvard is smart.
00:30:22.000But if some people are getting in with a 1200, and I know who those people probably are statistically, because only certain groups get the affirmative action benefits, am I more likely to go to the black doctor?
00:30:32.000Or am I less likely to go to the black doctor?
00:30:34.000It is a stereotype that black people have to carry around with them throughout their lives, even after having gotten the credential.
00:30:42.000Okay, so this brings us to Katonji Brown-Jackson's dissent.
00:30:46.000It is an absolute bleep show and disaster area is Katonji Brown-Jackson's dissent.
00:30:51.000As you would imagine, there are no less than two justices who are currently sitting on the Supreme Court who are appointed explicitly for their race and for their ethnicity.
00:31:00.000Sonia Sotomayor was selected by Barack Obama because she was a quote-unquote wise Latina woman Which is not a good reason to be selected for the Supreme Court.
00:31:07.000And Ketanji Brown-Jackson, because Joe Biden has decided that in order to reach out to black voters, he was going to select black women for high-ranking slots, including vice president and for the Supreme Court of the United States.
00:31:17.000He pre-committed to selecting a black woman before actually selecting a qualified candidate.
00:31:22.000The lack of qualifications of Katonji Brown-Jackson are on full display in her wild opinion, which seems like just a paraphrase of Robin DiAngelo's white privilege.
00:31:32.000We'll get to more on that in just one second.
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00:33:29.000That's that's her opinion, because her opinion is indistinguishable if you just switch the races from a Ku Klux Klan or circa 1920.
00:33:37.000Quote, Gulf size race based gaps exist with respect to the health, wealth and well-being of American citizens.
00:33:43.000They were created in the distant past, but have indisputably been passed down to the present day through the generations.
00:33:47.000Every moment these gaps persist is a moment in which this country falls short of actualizing one of its foundational principles, the self-evident truth that all of us are created equal.
00:33:56.000So, she begins with the premise that a disparity is pure evidence of discrimination.
00:34:01.000Obviously, any disparity is discrimination whatsoever.
00:34:05.000Yeah, if black Americans are poorer on average than white Americans, it must be that America is a discriminatory system.
00:34:10.000She fails to explain, for example, how it's discrimination that rationalizes why 99% of people in prison for violent crime are men.
00:34:18.000That obviously is a form of discrimination against men or something.
00:34:22.000She also doesn't explain why white people are far more likely to commit suicide than black people, obviously must be past discrimination or something.
00:34:29.000Or why the NBA is largely black, must be discrimination.
00:34:34.000Right, obviously her argument makes no sense.
00:34:36.000Anytime there is a disparity between groups, there are multiplicity of causes.
00:34:39.000Discrimination could be one of those causes, but you actually have to look at the particular circumstances we are talking about here.
00:34:44.000She says, history speaks. In some form, it can be heard forever. Forever.
00:34:48.000The race-based gaps that first developed centuries ago are echoes from the past that still exist today.
00:34:52.000By all accounts, they are still stark.
00:34:53.000So she is here saying that we need racial reparations for the rest of time.
00:35:38.000Having so detached itself from this country's actual past and present experience, the court has now been lured into interfering with the crucial work UNC and other institutions of higher learning are doing to solve America's real-world problems.
00:35:48.000No one benefits from ignorance, says Ketanji Brown-Jackson.
00:35:51.000Yes, clearly Clarence Thomas is ignorant of America's discriminatory past.
00:35:55.000Having grown up in the sharecropping South.
00:35:58.000Although former race-linked legal barriers are gone.
00:36:00.000So she acknowledges that you are not allowed to have legal barriers.
00:36:04.000Like by the Constitution or the Civil Rights Act.
00:36:06.000Race still matters to the lived experiences of all Americans in innumerable ways.
00:36:10.000And today's ruling makes things worse, not better.
00:36:13.000So, lived experiences, if you are a Supreme Court Justice and you're citing lived experiences, you're writing crappy college essays that never should have gotten you into high-profile schools in the first place.
00:36:24.000Lived experiences are not a legal regimen.
00:36:46.000But Ketanji Brown-Jackson continues, the best that can be said of the majority's perspective is that it proceeds ostrich-like from the hope that preventing consideration of race will end racism.
00:37:58.000Quote, the only way out of this morass for all of us is to stare at racial disparity unblinkingly and then do what evidence and experts tell us is required to level the playing field and march forward together, collectively striving to achieve true equality for all Americans.
00:38:11.000It is no small irony that the judgment the majority hands down today will forestall the end of race-based disparities in this country, making the colorblind world the majority wistfully touts much more difficult to accomplish.
00:38:20.000Ah, yes, full racial communism is the only way to achieve all of this.
00:38:24.000Now, Let's take, for example, let's take her at her word.
00:38:27.000Let's assume that the United States decided that we were going to implement some form of race-based redistribution system.
00:38:34.000We were going to spend trillions of dollars.
00:38:36.000They say the wealth gap is like $110,000 per family, something like that.
00:38:39.000Let's say that we were to calculate all of that out, we were to do all the math, and we were to, I believe the Brookings Institute did a calculation, spend a couple of trillion dollars just handing checks to every black household to equalize their wealth with white households.
00:38:54.000Within a couple of years, differences would emerge again.
00:39:06.000It is not up to the law to then rectify the imbalances in the consequences of how people act on the individual level, even if they are grouped differently within racial groups.
00:39:15.000Again, you can't take a room of 200 people anywhere, divide it down the middle, and assume that the people on one side of the line are going to be equal in a statistical aspect to the people on the other side of the line in literally any way.
00:40:54.000But, says Sotomayor, it's not a stereotype to acknowledge the basic truth that young
00:40:57.000people's experiences are shaded by a societal structure where race matters.
00:41:01.000Acknowledging there is something special about a student of color who graduates valedictorium
00:41:04.000from a predominantly white school is not a stereotype.
00:41:07.000Nor is it a stereotype to acknowledge that race imposes certain burdens on students of
00:41:10.000color it does not impose on white students.
00:41:12.000Now that, those two sentences are disconnected.
00:41:15.000She gives a specific example of an experience that a black person might have that might be different than an experience a white person has.
00:41:21.000A black person graduating valedictorian from a white school might have a different experience than a white person graduating valedictorian from a white school.
00:41:28.000Sure, and you can explain that in an essay.
00:41:43.000I mean, I can tell you it's a stereotype.
00:41:45.000The only reason that it would not be a stereotype is, ironically, because of affirmative action, which dictates that a black student may have a different educational experience than a white student by law.
00:41:54.000The best line in the Sotomayor dissent, and it truly is evil, is what she has to say about Asian-Americans.
00:41:59.000Because Asian-Americans, again, are the ones getting skunked by affirmative action.
00:42:01.000Quote, There is no question that the Asian-American community continues to struggle against potent and dehumanizing stereotypes in our society.
00:42:09.000It is precisely because racial discrimination persists in our society, however, that the use of race in college admissions to achieve racially diverse classes is critical to improving cross-racial understanding and breaking down racial stereotypes.
00:42:21.000So, just to help decode that, she's saying, sure, it's true that we're discriminating against Asians, but it's good discrimination, guys.
00:42:28.000We have to discriminate against Asians so everybody understands each other better.
00:42:31.000So you, you need to sit over there in the corner because you got the wrong color skin, and that will make all of us understand each other better.
00:42:38.000That's what diversity is all about, is you get a 1580 on your SATs, and that dude got a 1200 on his SATs, but he's black, you're Asian, you're out, he's in.
00:42:48.000I hope you feel better about racial America.
00:42:51.000The absolute level of disdain for Asian Americans that is replete in that opinion is just, it's just wild.
00:42:57.000Alrighty, so a 6-3 majority of the Supreme Court strikes down affirmative action in higher education, and the left goes wild.
00:43:02.000They are absolutely out of their mind angry over this.
00:43:05.000How dare you say the Constitution does not allow us to preference one racial group over another racial group, even though the Constitution explicitly says you're not allowed to preference one racial group over another racial group?
00:43:25.000They really, really love the idea that they ought to be able to use every government authority in order to just do what they want without reference to the actual job of that authority.
00:44:11.000Undermining institutional legitimacy every day of the week.
00:44:14.000Joe Biden, that's a dude who loves institutional legitimacy while signing executive orders that are patently illegal and ripping into the Supreme Court.
00:44:21.000But don't worry, Donald Trump is the threat to democracy and democratic institutions.
00:44:25.000Meanwhile, Biden did an interview last night.
00:44:27.000He did a 20-minute interview in which he was not asked at all about his son Hunter's corruption and his own likely corruption.
00:44:33.000Instead, he was asked a bunch of softballs.
00:44:34.000It was on MSNBC, so that's what they do over there.
00:44:36.000And he did his best to undermine the court.
00:46:01.000If you look back to his confirmation hearings for Clarence Thomas, Some of your former Senate colleagues on the Judiciary Committee would go as far as to say that it's anti-democratic.
00:46:08.000coverage of the law that's also been the case.
00:47:00.000Literally, the notion that all men and women are created equal, I love how he adds in women, that all men are created equal, endowed by their creator with certain unalienable rights, means you should not treat them as racial stereotypes.
00:47:20.000How can, I don't even, the Orwellian insanity of citing a sentence like all men are created equal in pursuit of a policy that says black people should be able to score 250 points lower on the SATs than Asian people and get into the same colleges.
00:47:34.000How do you even, how do you hold those two thoughts at the same time?
00:49:06.000The vast majority of Americans don't like affirmative action.
00:49:09.000According to the New York Times yesterday, quote, half of Americans do not support colleges and universities taking race and ethnicity into account in admissions decisions.
00:50:02.000A good camera angle there as Joe wobbles off the set.
00:50:05.000Man, Nicole Wallace, that's some solid reporting there.
00:50:07.000Okay, meanwhile, Education Secretary Miguel Cardona, he says, well, nothing has changed.
00:50:12.000We're just going to continue, you know, along these lines.
00:50:15.000Our intent has not changed, which presumably is to stack higher education with people who are unqualified academically, but are of quote-unquote diverse ethnicity.
00:50:25.000The president, though, in trying to look forward as we head into a new era, said he wants you as the Department of Education to light the way, to find new areas.
00:50:39.000In a few weeks, we're going to convene a national summit on educational opportunity in response to the SCOTUS decision.
00:50:45.000We're going to bring Thought partners and leaders from across the country to discuss this and in the third thing by September We're gonna put together a report and publish a report on the best practices in college admissions To ensure that while the Supreme Court limited our use of a tool to provide diverse learning communities with the intent has not changed and the passion around making sure that students who have been historically
00:51:14.000Okay, by the way, plaintiffs are taking down your words as we speak.
00:51:49.000Princeton University, followed by Harvard Law School, followed by a Kush law firm job, followed by being married to the guy who ended up President of the United States.
00:52:12.000It was a shadow that students like me couldn't shake.
00:52:14.000Whether those doubts came from outside or inside our own minds.
00:52:17.000Well, I mean, that's because those doubts are true.
00:52:22.000I mean, of course people will have doubts about whether you deserve to be there when literally the standard is lowered for people because of their color.
00:52:36.000Not by the meritocratic standards, apparently, according to you.
00:52:39.000If by I belonged, you mean that you have self-esteem now, I mean, I'm glad you have self-esteem, I suppose.
00:52:45.000I'm not so glad that somebody who's better qualified didn't get in because you had to have your self-esteem boost or whatever.
00:52:50.000Semester after semester, decade after decade, for more than half a century, countless students like me showed they belonged too.
00:52:55.000Well, actually, a ton of them dropped out because they couldn't hack it.
00:52:58.000But it wasn't just the kids of color who benefited either.
00:53:00.000Every student who heard a perspective they might not have encountered, who had an assumption challenge, who had their minds and their hearts open, gained a lot as well.
00:53:09.000It wasn't perfect, but there's no doubt it helped offer new ladders of opportunity for those who, throughout our history, have too often been denied a chance to show how fast they can climb.
00:53:18.000Of course, as Michelle Obama, students on my campus and countless others across the country were and continue to be granted special consideration for admissions.
00:53:24.000Some have parents who graduated from the same school.
00:53:26.000Others have families who can afford coaches to help them run faster or hit a ball harder.
00:53:30.000Others go to high school with lavish resources for tutors and extensive standardized test prep that help them score higher on college entrance exams.
00:53:36.000We don't usually question if those students belong.
00:53:38.000So first of all, I've questioned legacy admissions for literally as long as I've been talking about this.
00:53:44.000I assume the idea there is just it's donor-based.
00:53:46.000They want people to give donations because this is quote-unquote my family school.
00:53:50.000As for student-athletes, student-athletes, that disproportionately benefits people who could not get in academically, and very often those are people of minority ethnicity.
00:53:59.000As far as standardized test prep and all the rest of this, a lot of that stuff is now available for free in public schools.
00:54:04.000It's just that people do not take advantage of those courses at the same rates by race.
00:54:09.000She says, Well, except that, again, the Supreme Court explicitly says that you can say that there is a class distinction between you and the other applicant.
00:54:15.000to compete when the ground is anything but level.
00:54:17.000Well, except that again, the Supreme Court explicitly says that you can say that there is a class distinction
00:54:36.000So today, says Michelle Obama, my heart breaks for any young person out there who's wondering what their future holds, and what kind of chances will be open to them.
00:54:42.000And while I know the strength and grit that lies inside kids who have always had to sweat a little more to climb the same ladders, I hope and I pray the rest of us are willing to sweat a little too.
00:54:49.000Today's a reminder, we have to do the work, do the work, not just to enact policies that reflect our values of equity and fairness, but to make those values real in all of our schools, workplaces, and neighborhoods.
00:54:58.000Except, by giving black kids the opportunity to go to a charter school, Or giving them a school voucher.
00:55:03.000Or by breaking the garbage teacher's unions.
00:55:05.000Or by making sure that black parents get married at a higher rate.
00:55:07.000Or by making sure that black students study more.
00:55:23.000And then Barack Obama put out like a two sentence statement, quote, like any policy, affirmative action wasn't perfect, but it allowed generations of students like Michelle and me to prove we belonged.
00:55:31.000Now it's up to all of us to give young people the opportunities they deserve and help students everywhere benefit from new perspectives.
00:55:37.000Well, wow, that's, you could prove, you know what's one way to prove you belong at a school?
00:55:41.000By scoring appropriately to get into that school.
00:55:43.000It's an amazing way to prove you belong to that school.
00:56:02.000Well, I did notice one thing, which is that in your state of California, affirmative action has been banned since 1996, and they re-upped that ban in 2020.
00:56:08.000So, why don't you start at home, my friend?
00:56:12.000Meanwhile, Elizabeth Warren, who literally touted herself as a Native American despite no Native American background, said, quote, Here's the thing.
00:56:20.000Nobody on the left actually thinks racial justice is possible to achieve.
00:56:22.000back the march toward racial justice and narrowed educational opportunity for all. Here's the thing,
00:56:26.000nobody on the left actually thinks racial justice is possible to achieve. They don't,
00:56:31.000because the minute that happens, their entire gravy train goes away. That is the big problem.
00:56:35.000You have a massive incentive misalignment here.
00:56:38.000The same people who are claiming that they wish to pursue racial discrimination in order to end racial discrimination don't want racial discrimination to end because the goal is the means, not the end.
00:56:49.000It allows people like Elizabeth Warren to pretend she's fighting for a group of dispossessed youngsters.
00:56:54.000Quote, I won't stop fighting for young people with big dreams who deserve an equal chance to pursue their future.
00:56:58.000And how about all of those actual Native Americans who didn't make it into school because you were the Native American appointment, Elizabeth?
00:57:13.000Dear members of the Harvard community, we write today to reaffirm the fundamental principle that deep and transformative teaching, learning, and research depends upon a community comprising people of many backgrounds, perspectives, and lived experiences.
00:57:24.000That principle is as true and important today as it was yesterday.
00:57:28.000And then they put out, they talk about how terrible this is, how horrifying all of this is.
00:57:35.000Then they put out a second one, quote, dear members of the Harvard community, a few hours ago, the Supreme Court issued its decision in our admissions case, a decision that carries weight, not only for Harvard as an institution, but for many of us as individuals.
00:57:57.000By the way, I think some of my favorite response here comes from the president of Columbia.
00:58:03.000So the president of Columbia, Lee Bollinger, he says, test scores are discrimination.
00:58:06.000You knew they were going in this direction, right?
00:58:08.000That if you score poorly on a test, this is because of racism, not because maybe you're not as smart as the guy down the hall who scored 300 points higher.
00:58:16.000So we know that standardized test scores were introduced many decades ago.
00:58:24.000with the idea that they would help achieve equality of opportunity for students all across the country.
00:58:33.000It wouldn't connect, wouldn't depend upon connections, wealth of your family, etc.
00:58:40.000You could take the test, and if you did better than people who were well-connected and wealthy, you could get in.
00:58:48.000So that was the idea of standardized tests.
00:58:51.000Increasingly in the past decade or so, it's become fairly clear to everybody that standardized test scores are a way of reinforcing inequality rather than overcoming it.
00:59:24.000It is because of all the other things that no one wants to actually fix because people on the left don't give a damn about fixing the problem.
00:59:29.000All they want to do is b**** about how terrible America is and how racist it is.
00:59:54.000Their agenda matters more than the result.
00:59:56.000And when the result is ugly, they blame the test score, blame the metric.
00:59:59.000This is like deliberately stunting the growth of an entire population by undernourishing them.
01:00:04.000And then when you find out that everybody is five inches shorter than they otherwise would have been, you're like, you know, I hate rulers.
01:00:38.000Brown versus Board of Education was a great moment in American history.
01:00:43.000Declaring that the 14th Amendment required equal protection and not separate but equal schooling and other programs in the United States and set off the civil rights era.
01:00:57.000But that was only about stopping racial discrimination.
01:01:03.000Any kind of effort to overcome the effects of racial discrimination are not allowed in his view.
01:01:11.000To Justices Jackson and Sotomayor, this is, and Thurgood Marshall in the Bakke case, this is wrong thinking.
01:01:19.000That we've had several hundred years of discrimination against African Americans in particular, and we must as a society find means to try to correct for that because they're ongoing.
01:01:35.000Good luck with this when Columbia's admissions policy comes up for, I'm sure, judicial review inside the next year or so.
01:01:40.000Meanwhile, the president of the National Education Association, Rebecca Pringle, of course she doesn't want to actually discuss the actual problems in education.
01:01:46.000She's just, again, going to say America's racist.
01:01:48.000That's why there's a disparity, not because you, the head of the NEA, one of the worst unions in America, is responsible for the garbage education that black kids are receiving across the country.
01:01:59.000How much of an uphill climb is it now if this affirmative action program goes away from a university to actually have a diverse student body?
01:02:09.000In every sense of that word, diversity.
01:02:14.000So just like your other panelists have said already, the headline for today is Access and Opportunity Denied.
01:02:22.000As John just said, we know that we are stronger, our schools are stronger, our communities are stronger, our country is stronger.
01:02:29.000When we have spaces that reflect all of the diversity of this country, it's what makes us strong.
01:02:36.000And today's decision is taking us backwards.
01:02:50.000Members of the media doing the same sort of routine.
01:02:52.000Al Sharpton, who again, I have no idea why this person is a respected member of the media, when he's one of the worst race baiters in American history, one of the most nefarious racial forces in American modern history.
01:03:02.000Here he is talking about how it's a dagger in the back.
01:03:06.000What has gone through your mind in terms of how you believe this will affect specifically the African American community?
01:03:13.000Well, I think that this is tantamount to sticking a dagger in our back.
01:03:19.000Because what they have said now is that it is unconstitutional to even consider race.
01:03:26.000And given the racial history of the country, let's not act like blacks are behind because there's something in our genes that made us behind.
01:03:37.000It was against the law for us to even read and write until 160 years ago.
01:03:43.000Okay, you notice where it says 160 years ago?
01:03:51.000And so the idea that blacks have not been reading and writing for, you know, almost two centuries is what he's saying right there.
01:03:58.000And that's why the disparities exist today.
01:04:00.000Weird, because you know what happened with, say, Asian populations who came over here?
01:04:03.000They didn't speak English, and now they're destroying these tests.
01:04:06.000How about Jewish populations who, when they first arrived in the United States in the early 20th century, were actually considered low IQ because they couldn't read English?
01:04:13.000And now, they are performing about one standard deviation.
01:04:16.000Ashkenazi Jews perform about one standard deviation above other people on IQ tests.
01:04:19.000Is that because of racial inequality and inequity?
01:04:23.000Or is it because people learn to read and write?
01:04:26.000In other words, discrimination of the past and evils of the past are rectifiable, but only by individuals who actually go and do the work to overcome those objections.
01:04:36.000This notion that people are failing today, in 2023, when it is literally illegal for black people to be discriminated against in the United States.
01:04:44.000That the failure is because people couldn't read and write 160 years ago?
01:04:50.000It's so pathetic on every possible score.
01:04:56.000Perhaps the best media moment of the day yesterday is one of the plaintiffs in this case is an Asian student who was on with Abby Phillip and he just wrecks her.
01:05:03.000Abby Phillip is trying to make the case that it would be better if this Asian student weren't able to get into an institution of higher education despite scoring really high on the SATs and he's like, uh, no.
01:05:13.000Because of affirmative action, black Americans graduate from law school at the bottom 25% of their classes, largely speaking.
01:05:56.000The standard is lowered, as the student admissions data shows, an Asian has to score 273 points higher on the SAT to have the same chance of admission as a Black person.
01:06:06.000So the standard is lowered for Black Americans.
01:06:48.000When you have a justice who says something as ridiculous as I don't get it, it just makes a kid, an Asian kid, a Native American kid, a black kid feel like you don't matter.