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Speaker 1: The Supreme Court has said that racial preferences, also known

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Speaker 1: as affirmative action, is unconstitutional in college admissions. Let me

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Speaker 1: just translate this down for you so you understand exactly

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Speaker 1: what the Supreme Court has said. They said that you

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Speaker 1: cannot consider a person's color of their skin in the

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Speaker 1: admissions process at the university level. The left is beyond furious.

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Speaker 1: They're furious because they absolutely believe that you should be

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Speaker 1: able to get into any school you want to and

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Speaker 1: it should be easy for you to get in based

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Speaker 1: on if you are a minority. But that's what the

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Speaker 1: Supreme Court said is unconstitutional, saying racial preferences in college

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Speaker 1: admissions violate the equal protection clause of the Constitution. The

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Speaker 1: Supreme Court decide this in this historic decision. This will

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Speaker 1: have profound implications for racial preferences in many areas of

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Speaker 1: law as well as public policy. Now, the Supreme Court

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Speaker 1: upheld racial preferences they have called affirmative action, something that

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Speaker 1: has been used in college admissions since there was a

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Speaker 1: court decision back in nineteen seventy eight, and since then,

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Speaker 1: debates have raged about whether to use quotas, a point system,

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Speaker 1: and other ways of favoring one applicant over another solely

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Speaker 1: based on the color of their skin. Now, let me

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Speaker 1: break that down a little bit more free to understand.

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Speaker 1: Many universities, you could have lower test scores, you could

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Speaker 1: have a weaker admissions process, or have a weaker candidate

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Speaker 1: that would then beat out another candidate because they were

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Speaker 1: given so many bonus points for the color of their skin.

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Speaker 1: There are also universities where, no matter how good of

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Speaker 1: a student you were, if you had the wrong color skin,

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Speaker 1: you would not get in because they were hitting quote

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Speaker 1: is that were put in by the university. So let's

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Speaker 1: make it even simpler than that. A university would say, okay,

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Speaker 1: we want forty percent right of our student body, or

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Speaker 1: thirty percent or twenty percent, whatever the numbers they decide

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Speaker 1: to be minority based. So at some point you ran

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Speaker 1: out of positions, regardless of the academic transcript the resume

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Speaker 1: of a student, and they would lose out automatically on

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Speaker 1: a chance to go to the college they desperately want

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Speaker 1: to go to because of a quota system that's in place.

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Speaker 1: The other thing that happened more recently is we were

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Speaker 1: finding out that students who were clearly qualified to go

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Speaker 1: to great institutions were being denied because of a pointed system,

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Speaker 1: a weight system that would allow for minorities to have

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Speaker 1: so much more of a of an ability to go

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Speaker 1: to a school because they were a minority, and there

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Speaker 1: was no way to overcome that. Well, what the Supreme

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Speaker 1: Court is upholding is some approaches while trimming the sales

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Speaker 1: on others. Conservatives have said for a long time that

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Speaker 1: the Constitution does not allow for any of the approaches

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Speaker 1: that I just mentioned, right like, that doesn't allow for this.

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Speaker 1: The Equal Protection Clause the Fourteenth Amendment commands that no

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Speaker 1: state shall deny to any person within its jurisdiction the

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Speaker 1: equal protection of the laws. The Supreme Court has always

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Speaker 1: acknowledged that the central premise of the Equal Protection Clause

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Speaker 1: is to prevent laws and public policies that discriminate on

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Speaker 1: the basis of race. And what was happening at these

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Speaker 1: universities is you were clearly discriminating against certain people solely

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Speaker 1: based on race and the color of their skin. There's

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Speaker 1: also another part of this. The Fourteenth Amendment, it applied

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Speaker 1: applies only to state governments, which includes state and local

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Speaker 1: public universities. For example, Title nine of the Civil Rights

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Speaker 1: Act of nineteen sixty four also extends racial discrimination to

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Speaker 1: institutions that accept federal tax money, such as in grants

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Speaker 1: and as intuition aid. That applies to almost every private

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Speaker 1: university as well. Okay, now, Students for Fair Admissions, that's

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Speaker 1: the name of this group. They filed a bunch of

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Speaker 1: lawsuits against public and private schools. The Supreme Court eventually

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Speaker 1: took two of them. There was two different challenges. There

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Speaker 1: was a challenge through the admissions policy at the University

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Speaker 1: of North Carolina you would know them as Carolina Blue,

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Speaker 1: you and c. They challenged them under the fourteenth Amendment.

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Speaker 1: And a challenge also was accepted by the Court to

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Speaker 1: a Harvard's policy as well. The Supreme Court held sixty

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Speaker 1: three that UNC's policy is unconstitutioned and held the same

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Speaker 1: regarding Harvard's policy by a vote of six to two.

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Speaker 1: So this was overwhelming that this was struck down. Justice

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Speaker 1: Brown Jackson recused herself from the Harvard case.

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Speaker 2: Just so you know.

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Speaker 1: Chief Justice John Roberts wrote the majority opinion that was

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Speaker 1: joined by all of the conservatives and also the moderate justices.

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Speaker 1: The majority opinion declared that the Harvard and UNC and

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Speaker 1: I'm quoting Now the Harvard and UNC admissions program cannot

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Speaker 1: be reconciled with the guarantees of the Equal Protection Clause.

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Speaker 1: It concludes, quote, the Constitution deals with substance, not shadows,

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Speaker 1: and the prohibition against racial discrimination is leveled at the thing,

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Speaker 1: not the name. A benefit to a student who overcame

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Speaker 1: racial discrimination, for example, must be tied to that student's

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Speaker 1: courage and determination. Or a benefit to a student who's

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Speaker 1: heritage or culture motivated him or her to assume a

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Speaker 1: leadership role or obtain a particular goal must be tied

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Speaker 1: to that student's unique ability to contribute to the university.

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Speaker 1: In other words, the student must be treated based on

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Speaker 1: his or her experiences as an individual, not on the

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Speaker 1: basis of race. In other words, you don't get thirty

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Speaker 1: points on a point system just because you show up

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Speaker 1: with a application that marked de box African American or

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Speaker 1: Indians when going into the college admissions process. Now, many universities,

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Speaker 1: again this is from the majority opinion. Quote many universities

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Speaker 1: have for far too long done just the opposite, and

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Speaker 1: in doing so, they have concluded wrongly that the touchstone

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Speaker 1: of an individual's identity is not challenges based skills or

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Speaker 1: excuse me, challenges, challenges, bested skills built, or lessons learned,

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Speaker 1: but the color of their skin. Our constitutional history does

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Speaker 1: not tolerate that choice. So again, the majority opinion here

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Speaker 1: make it clear you judge an individual's identity by challenges, bested,

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Speaker 1: skills built, lessons learned, their academic resume. They're outside at

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Speaker 1: curricular resume. But you cannot judge someone solely based on

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Speaker 1: the color of their skin. The constitutional history does not

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Speaker 1: tolerate that choice. Justice Clarence Thomas also joined Robert's opinion

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Speaker 1: in full, but also wrote separately to highlight the constitutional

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Speaker 1: principle at stake by saying, Clarence Thomas not only did

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Speaker 1: he join the majority opinion, but he also wrote separately

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Speaker 1: to high the constitutional principles that were at stake in

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Speaker 1: this case. He wrote this. In the wake of the

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Speaker 1: Civil War, the country focused its attention on restoring the

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Speaker 1: Union and established the legal status of newly freed slaves.

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Speaker 1: The Constitution was amended to abolish slavery and proclaim that

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Speaker 1: all persons born in the United States of America are

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Speaker 1: citizens entitled to the privileges or immunity of citizenship and

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Speaker 1: the equal protection of the laws because of the second founding,

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Speaker 1: our constitution is color blind and neither knows nor tolerates

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Speaker 1: classes among citizens. All right, I want to also play

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Speaker 1: for you part of my conversation that I had with

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Speaker 1: Center Ted Cruz about this for our podcast that we

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Speaker 1: do Verdict with Ted Cruz, So make sure you download

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Speaker 1: that podcast as well. But here's what he had to

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Speaker 1: say about this.

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Speaker 3: Well, this decision is a major landmark decision. It is

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Speaker 3: a six ' to three decision. The majority opinion is

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Speaker 3: written by Chief Justice Roberts, and this decision strikes down

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Speaker 3: racial discrimination and racial quotas in universities. As you noted,

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Speaker 3: there were two cases that were consolidated. One was the

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Speaker 3: University of North Carolina. Now that is relevant because UNC

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Speaker 3: is a state school, so it is action by the government.

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Speaker 3: And what the court concluded is that the fourteenth Amendment

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Speaker 3: to the Constitution, which protects grants every citizen the equal

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Speaker 3: protection of the laws, that under the fourteenth Amendment, the

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Speaker 3: government cannot discriminate based on race. So every government school,

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Speaker 3: whether you're talking about UNC, whether you're talking about University

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Speaker 3: of Texas, whether you're talking about University of California, if

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Speaker 3: it is a government school, they cannot discriminate based on race.

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Speaker 3: That's a landmark ruling. The other case was Harvard University. Now,

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Speaker 3: Harvard University is not a government school. It is a

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Speaker 3: private university. The Fourteenth Amendment does not constrict what a

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Speaker 3: private university does. The Fourteenth Amendment applies only to government.

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Speaker 3: So the ruling about Harvard University concerned Title seven, which

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Speaker 3: is the landmark civil rights decision, and also Title six.

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Speaker 3: It's actually Title six of the Civil Rights Act of

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Speaker 3: nineteen sixty four, which governs university. And it concluded the

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Speaker 3: same standard applies that under the Civil Rights Act of

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Speaker 3: nineteen sixty four. At likewise, under the Fourteenth Amendment, that

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Speaker 3: racial discrimination is illegal. The consequences are massive. Two days ago,

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Speaker 3: under existing Supreme Court precedent, it was permissible for UNC

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Speaker 3: and for Harvard and for every other school to say,

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Speaker 3: if we like your race, if it's a race that

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Speaker 3: we want to favor, we can give you a benefit,

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Speaker 3: we can give you a plus factor, can favor you

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Speaker 3: entirely because of your race. And if we don't like

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Speaker 3: your race, we can penalize you, we can harm you,

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Speaker 3: we can reduce your chances of admission entirely because of race.

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Speaker 3: The Supreme Court by a six ' to three vote

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Speaker 3: yesterday said that is unconstitutional with state schools, that is

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Speaker 3: illegal with private schools. Discriminating based on race is wrong.

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Speaker 1: When you see this case, how will this change things?

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Speaker 1: Not just in the school admissions process, but now And

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Speaker 1: they've been screaming on TV about this all day long

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Speaker 1: that this is going to destroy minorities chances to succeed.

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Speaker 2: That's clearly not the case in college admissions.

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Speaker 1: In fact, affirmative action has been hurting Asian Americans for

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Speaker 1: quite some time in a major way, not being able

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Speaker 1: to get into some universities with incredible qualifications. They're saying

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Speaker 1: this is also going to destroy this country in businesses

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Speaker 1: and private sector as well.

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Speaker 2: Put that into perspective.

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Speaker 3: Well, this is a landmark change because every university that

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Speaker 3: was engaged in racial discrimination is going to have to

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Speaker 3: change their admissions policies.

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Speaker 2: Now.

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Speaker 3: I fear the vast majority of universities are going to

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Speaker 3: do everything they can to get around and to fight

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Speaker 3: and to engage in massive resistance to this decision. The

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Speaker 3: vast majority of our universities, the faculty and the administrators

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Speaker 3: bizarrely want as a matter of principle as a matter

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Speaker 3: of virtue, they want to discriminate based on race. And

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Speaker 3: the bizarre thing is, look, one of the parades of

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Speaker 3: horribles that you will see leftists, whether Democrats or corrupt

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Speaker 3: corporate media voices or university administrators say, is without discriminating

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Speaker 3: based on race, we will get lily white schools. That

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Speaker 3: that's the spectrum they put forth. Now, they are a

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Speaker 3: host of ways that you can ensure that you have

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Speaker 3: a diverse student body without discriminating on race. The most

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Speaker 3: obvious one that some universities do is to give a

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Speaker 3: preference for low income students, a student who is from

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Speaker 3: a poor family, a student who has struggled to overcome adversity.

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Speaker 3: And I think there's a very reasonable and principled argument

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Speaker 3: that a student who is overcoming adversity, that that's a

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Speaker 3: real sense of accomplishment. That if you grow up with

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Speaker 3: enormous privilege and enormous advantages and you do well, great.

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Speaker 3: But if you're a single mom in a really tough

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Speaker 3: environment and you excel academically, that reflects something positive or

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Speaker 3: beneficial that will produce student bodies that are racially diverse.

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Speaker 3: But what it will not do so the existing university

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Speaker 3: racial preferences benefit African American students and Hispanic students whose

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Speaker 3: parents are rich, who go to a fancy boarding school.

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Speaker 3: But yet they just view it as race. And so

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Speaker 3: if you happen to be a minority student with very

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Speaker 3: significant socioeconomic advantages, you get an enormous boost. And if

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Speaker 3: you happen to be a poor white student, Let's say

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Speaker 3: you're growing up in Appalachia and your parents, no one

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Speaker 3: in the family has ever gone to college, and you

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Speaker 3: work your tail off, well, they don't recognize that. And

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Speaker 3: so if universities want to, they can number one, create

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Speaker 3: a preference for low income students to give an additional

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Speaker 3: benefit to overcoming adversity. They can number two create a

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Speaker 3: benefit if you're the first person in your family to

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Speaker 3: go to college. That's another way that we know will

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Speaker 3: statistically produce a more racially diverse student body. They can

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Speaker 3: number three create a preference if you grow up in

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Speaker 3: a household where English is not the first language. All

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Speaker 3: three of those are non racial proxies that result in

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Speaker 3: a racially diverse toitudoy. Now here's the amazing thing, ben

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Speaker 3: most of our universities don't care. Even if they could

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Speaker 3: get the exact same damn student body they had yesterday

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Speaker 3: in terms of racial breakdown. They affirmatively want to discriminate

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Speaker 3: on race. It shows them I am WO care me roar.

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Speaker 3: And so you're going to see a couple of things happen.

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Speaker 3: Number One, there's a portion of this decision where the

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Speaker 3: majority says, look nothing in this case means that universities

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Speaker 3: cannot consider overcoming adversity, overcoming discrimination, overcoming hardship. What's going

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Speaker 3: to happen is in university essays, the schools are going

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Speaker 3: to try very hard to replicate exactly the affirmative action

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Speaker 3: and quota system they had before. And by the way,

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Speaker 3: if someone is a minority student, every student is going

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Speaker 3: to be coached that they're opening sentence is going to

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Speaker 3: be as a Hispanic kid growing up in hardship, here's

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Speaker 3: the adversity I overcome as an African American. Here's all

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Speaker 3: of the hardships I overcame. That will be the game

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Speaker 3: to get around the system. And here's the second piece.

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Speaker 4: Ben.

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Speaker 3: You may have noticed universities all aroun across the country

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Speaker 3: in the past year announcing that they're eliminating the SAT

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Speaker 3: and the Act announcing that those tests are optional. And

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Speaker 3: you may have wondered why. I mean, look, when you

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Speaker 3: and I went to school, we had to take either

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Speaker 3: the SAT or ACT. It used to be every school

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Speaker 3: required that. Why have they suddenly started getting rid of

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Speaker 3: it in Mass And the answer is simple. Most of

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Speaker 3: the universities anticipated yesterday's ruling. The writing was on the wall.

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Speaker 3: They knew where this was going, and so they knew

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Speaker 3: that come June of this year they were not going

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Speaker 3: to be able to discriminate based on race. And these

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Speaker 3: radicals and universities they want to so much that they said,

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Speaker 3: oh crap. If we have SAT scores, if we have

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Speaker 3: ACT scores, and we keep doing the same thing, we

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Speaker 3: keep admitting people of races that we want a preference

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Speaker 3: whose scores are one hundred, two hundred three hundred points

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Speaker 3: lower than students of different races, well then it's going

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Speaker 3: to be obvious and we're going to get sued and

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Speaker 3: we're going to get nailed and we're going to pay judgments.

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Speaker 3: So the way we avoid it is we just won't

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Speaker 3: collect SAT scores or ACT scores, so there won't be

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Speaker 3: that objective metric. The entire reason the schools are getting

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Speaker 3: rid of these scores is because they want to defy

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Speaker 3: the Supreme Court decision and they want to keep discriminating

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Speaker 3: even though they could get the identically diverse student bodies

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Speaker 3: without racial discrimination. These leftists believe racial discrimination is an

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Speaker 3: affirmatively good thing.

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Speaker 1: Now, before I get into more of this story, I

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Speaker 1: Patriot or Patriotmobile dot com slash ferguson. Justice Jackson, President

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Speaker 1: Joe Biden's nomine of the Supreme Court, dissented in very

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Speaker 1: harsh terms from the decision striking down racial preferences in

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Speaker 1: college admissions decision. Now the full decision and the concurring

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Speaker 1: opinions and the dissents, you can read those online if

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Speaker 1: you want to, But let me just give you some

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Speaker 1: of what she said. Brown accused the Court's six conservative

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Speaker 1: justices of pretending that the US is a colorblind society

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Speaker 1: and ignoring, she says, pervasive radical racial inequalities that persist

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Speaker 1: even in the absence of formal racial discrimination laws. Now,

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Speaker 1: Justice Thomas, as I read for you a moment ago, says, hey,

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Speaker 1: regardless of what you believe, when we amended the constitution

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Speaker 1: right and got rid of slavery, we amended it. The

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Speaker 1: Constitution is color blind. Our laws are color blind. She's

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Speaker 1: saying it shouldn't be that way. She outlined a history

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Speaker 1: of black suffering in America and the descent from slavery

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Speaker 1: to sharecropping, from Jim Crow to redlining, saying, quote the

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Speaker 1: race based gaps that first developed centuries ago are echoes

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Speaker 1: from the past that still exists today. She added quote

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Speaker 1: to demand that colleges ignore race in today's admissions practices

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Speaker 1: and thus disregard the fact that racial disparities may have

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Speaker 1: mattered for where some applicants find themselves today. Is not

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Speaker 1: only an affront to the dignity of those students for

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Speaker 1: whom race matters, it also condemns our society to never

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Speaker 1: escape the past that explains how and why race matters,

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Speaker 1: to the very concept of who merits quote unquote admission.

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Speaker 1: Describing by the way the use of race and admissions

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Speaker 1: at Harvard and the University of North Carolina as a

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Speaker 1: plus factor and ignoring the burdens suffered by Asian Americans

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Speaker 1: and others harmed by the policy, she argued that there

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Speaker 1: were quote universal benefits to using race and college admissions policies,

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Speaker 1: not just for the beneficiaries. She said, quote and the

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Speaker 1: descent do not miss the point that ensuring a diverse

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Speaker 1: student body in higher education helps everyone, not just those

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Speaker 1: who do to their race have directly inherited distinct disadvantages

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Speaker 1: really respect to their health, wealth, and well being, she wrote. Obviously,

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Speaker 1: she was very frustrated. She also argued in The Descent

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Speaker 1: that race blindness will delay the day that every American

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Speaker 1: has an equal opportunity to throw regardless of race, even

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Speaker 1: though the data is actually showing the opposite of that. Now,

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Speaker 1: let me explain what I mean by that. There are

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Speaker 1: countless young women and countless young men, who by the way,

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Speaker 1: are poor, who have not gotten scholarships and have not

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Speaker 1: gotten into amazing universities because they were born with the

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Speaker 1: wrong color skin, and that wrong color is anything but

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Speaker 1: what is described as a minority. Many Asian Americans have

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Speaker 1: also not gotten into universities because they have not been

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Speaker 1: waited at the same level as Hispanic Americans, Indian Americans,

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Speaker 1: and African Americans.

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Speaker 2: That is clearly, I would.

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Speaker 1: Argue, a form of racism when you have one race

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Speaker 1: that you choose to have more students come in or

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Speaker 1: have more waiting than another race. How is that not discrimination?

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Speaker 1: And that's exactly what the justices were saying. They were saying,

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Speaker 1: you can't do this at UNC. You can't do this

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Speaker 1: you are Harvard. You can't do this at other universities

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Speaker 1: where you have a quota system where you decide what

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Speaker 1: you think is the perfect blend of minorities in your university.

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Speaker 1: You can't discriminate against amazing students because they have the

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Speaker 1: wrong color of skin. Right, Racism is racism, and bigotry

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Speaker 1: is bigotry, and having these quotas is not good for

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Speaker 1: America and the government, they're saying, are again our constitution

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Speaker 1: is color blind.

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Speaker 2: The descent. They're saying, no, No, our government.

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Speaker 1: Should absolutely fill quotas and advocate for quotas and decide

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Speaker 1: to pick winners and losers solely based on the color

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Speaker 1: of your skin. Let me go back to the descent, though,

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Speaker 1: they say, quote with let them eat cake obliviousness. Today,

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Speaker 1: the majority pulls the rip chord and announces color blindness

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Speaker 1: for all by legal fiat. But deeming race irrelevant in

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Speaker 1: law does not make it so in life, And having

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Speaker 1: so detached itself from this country's actual past and present experiences,

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Speaker 1: the Court has now been lured into interfering with the

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Speaker 1: crucial work that you see and other institutions of higher

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Speaker 1: learning are doing to solve America's real world problems.

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Speaker 2: I couldn't.

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Speaker 1: By the way, I disagree more with that statement. She

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Speaker 1: says quote no one benefits from ignorance. Although former race

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Speaker 1: linked legal barriers are gone, race still matters to the

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Speaker 1: lived experiences of all Americans in innumerable ways, and today's

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Speaker 1: ruling makes things worse, not better. The best that can

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Speaker 1: be said of the majority's perspective is that it proceeds

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Speaker 1: from the hope that preventing consideration of race will end racism.

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Speaker 1: But if that is its motivation, the majority proceeds in vain.

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Speaker 1: If the colleges of this country required to ignore a

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Speaker 1: thing that matters, it will not just go away, will

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Speaker 1: take longer for racism to leave us, and ultimately, ignoring

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Speaker 1: race just makes it matter worse now. I actually believe

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Speaker 1: the affirmative action breeds racism at the college level because

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Speaker 1: it also undermines minorities that get in on their merits

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Speaker 1: outside of a quota system for the color of their skin.

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Speaker 1: There are people that have come forward saying that they

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Speaker 1: were frustrated when they went to college because they should

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Speaker 1: they were there on their own merits, but people looked

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Speaker 1: at them in class, like whose spot.

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Speaker 2: Did you take?

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Speaker 1: And you're only here because you're a minority and a

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Speaker 1: quota system, not because of how hard you worked. That's

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Speaker 1: undermining the accomplishments of amazing men and women who are

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Speaker 1: minorities right now. In his own concurring opinion, Justice Thomas

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Speaker 1: took on Justice Jackson's dissent, saying this Justice Jackson would

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Speaker 1: replace the second Founder's vision with an organizing principle based

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Speaker 1: on race. In fact, in her view, almost all of

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Speaker 1: life outcomes may be unheasitantly ascribed to race. This lore

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00:26:11,440 --> 00:26:15,199
Speaker 1: is not and has never been true. Even the segregated

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Speaker 1: South where I grew up, individuals were not the sum

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Speaker 1: of their skin color than is now. Not all disparities

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Speaker 1: are based on race, Not all people are racists, and

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Speaker 1: not all differences between individuals.

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Speaker 2: Are ascribed to race.

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00:26:29,400 --> 00:26:34,720
Speaker 1: Worse still, Justice Jackson uses her broad observation about statistical

401
00:26:34,760 --> 00:26:38,639
Speaker 1: relationships between race and select measures of health, wealth, and

402
00:26:38,680 --> 00:26:44,080
Speaker 1: well being to label all blacks as victims. Her desire

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00:26:44,160 --> 00:26:48,080
Speaker 1: to do so is unfathomable to me. I cannot deny

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00:26:48,119 --> 00:26:51,800
Speaker 1: the great accomplishments of black Americans, including those who succeeded

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Speaker 1: despite long odds. Justice Jackson then builds from her faulty

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00:26:58,119 --> 00:27:01,800
Speaker 1: premise to call for action are arguing that court should

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00:27:01,800 --> 00:27:06,280
Speaker 1: defer to experts quote unquote and allow institutions to discriminate

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00:27:06,760 --> 00:27:10,080
Speaker 1: on the basis of race. Make no mistake, her Descent

409
00:27:10,280 --> 00:27:14,560
Speaker 1: is not a vanguard of the innocent and helpless. It

410
00:27:14,640 --> 00:27:19,800
Speaker 1: is instead a call for empower privileged elites who will

411
00:27:19,840 --> 00:27:23,160
Speaker 1: tell us what is required to level the playing field

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00:27:23,280 --> 00:27:29,800
Speaker 1: quote unquote among casts and classifications that they alone can divine. Then,

413
00:27:29,880 --> 00:27:34,760
Speaker 1: after siling all of us into racial casts and pitting

414
00:27:34,880 --> 00:27:38,399
Speaker 1: those casts against each other, the Descent somehow believes that

415
00:27:38,440 --> 00:27:41,840
Speaker 1: we will be able to, at some undefined point, march

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00:27:42,000 --> 00:27:47,560
Speaker 1: forward together into some utopian version. Social movements that invoke

417
00:27:47,800 --> 00:27:52,240
Speaker 1: these sorts of rallying cries historically have ended disastrously. Unsurprisingly,

418
00:27:52,640 --> 00:27:56,480
Speaker 1: this tried and failed system defies both law and reason.

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00:27:57,119 --> 00:28:01,159
Speaker 1: Hell yes to Clarence Thomas for having the guts to

420
00:28:01,240 --> 00:28:06,640
Speaker 1: write that. Let me also tell you about our friends

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Speaker 1: If you aren't invested and diversified in gold, you should

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Speaker 1: If you've had those losses, you know what I'm talking about.

438
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Speaker 1: So if you've saved one hundred thousand dollars or more,

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Speaker 1: take a look at their free guy that they'll send

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Speaker 1: with economic insights and their gold IRA info will give

443
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Speaker 1: you peace of mind of knowing that, hey, you can

444
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Speaker 1: protect your hard earned dollars. Eight seven seven the number

445
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Speaker 1: four gold I R A. That's eight seven seven the

446
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Speaker 1: number four gold I r A. Or visit Augusta Precious

447
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Speaker 1: Medals dot com. That's Augusta Precious Medals dot Com or

448
00:29:28,960 --> 00:29:30,920
Speaker 1: eight seven seven the number four gold.

449
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Speaker 6: I r A.

450
00:29:32,800 --> 00:29:36,200
Speaker 1: I want you to hear what wins whin some sears

451
00:29:36,640 --> 00:29:42,360
Speaker 1: had to say about Justice KBJ. Listen to this from

452
00:29:42,480 --> 00:29:44,040
Speaker 1: Fox News earlier.

453
00:29:44,480 --> 00:29:46,840
Speaker 7: What would you say to these justices?

454
00:29:48,640 --> 00:29:51,840
Speaker 4: Well, what you have is a justice who has chosen

455
00:29:51,960 --> 00:29:55,479
Speaker 4: because she's black and because she's a woman. You know,

456
00:29:55,640 --> 00:29:59,200
Speaker 4: that's what we're understanding now what a woman is. And Martha,

457
00:29:59,200 --> 00:30:02,960
Speaker 4: while we're playing these stupid games, I'm saying that education

458
00:30:03,120 --> 00:30:05,280
Speaker 4: and the lack of it in America has risen to

459
00:30:05,320 --> 00:30:09,400
Speaker 4: a national crisis. China is not playing these stupid games.

460
00:30:09,480 --> 00:30:13,520
Speaker 4: China is interested in total world domination, and so is

461
00:30:13,560 --> 00:30:14,720
Speaker 4: Russia and the rest of them.

462
00:30:15,120 --> 00:30:16,000
Speaker 2: That's what we have.

463
00:30:16,000 --> 00:30:19,000
Speaker 4: To be concerned about. Our children are not learning, and

464
00:30:19,120 --> 00:30:21,880
Speaker 4: in fact, when they do graduate from high school and

465
00:30:21,960 --> 00:30:25,160
Speaker 4: decide to go on to college, Martha, more than sixty

466
00:30:25,240 --> 00:30:29,400
Speaker 4: percent of them, according to the statistics, need remedial education

467
00:30:29,600 --> 00:30:30,800
Speaker 4: that very first year.

468
00:30:31,200 --> 00:30:31,880
Speaker 2: So you know.

469
00:30:31,880 --> 00:30:35,920
Speaker 4: How the president is talking about getting rid of student loans, Well,

470
00:30:35,960 --> 00:30:39,240
Speaker 4: then the children are having to stay one extra year

471
00:30:39,360 --> 00:30:43,360
Speaker 4: in college based on loans that they've taken for work

472
00:30:43,360 --> 00:30:45,720
Speaker 4: that they should have completed when they were.

473
00:30:45,560 --> 00:30:46,280
Speaker 2: In high school.

474
00:30:46,480 --> 00:30:49,440
Speaker 4: So let's cut that and let's get to what the

475
00:30:49,480 --> 00:30:53,280
Speaker 4: remedies are. And I'm pulling for school choice. School choice

476
00:30:53,360 --> 00:30:55,280
Speaker 4: now our children are in need.

477
00:30:57,480 --> 00:31:00,280
Speaker 1: I love the fact that Lieutenant Government Virginia came Mountain

478
00:31:00,360 --> 00:31:03,800
Speaker 1: said this saying, let's be clear, there is a Supreme

479
00:31:03,840 --> 00:31:08,320
Speaker 1: Court justice that was chosen solely based on race, solely

480
00:31:08,320 --> 00:31:11,320
Speaker 1: based on the cover skin and sex. And that's correct

481
00:31:11,320 --> 00:31:14,160
Speaker 1: because Joe Biden ran saying, if you let me, the

482
00:31:14,200 --> 00:31:15,840
Speaker 1: next person I'm gonna play in the Supreme Court will

483
00:31:15,840 --> 00:31:19,719
Speaker 1: only be a minority woman. He was filling a racial quota,

484
00:31:19,960 --> 00:31:23,280
Speaker 1: just like universities have been filling racial quotas. And so

485
00:31:23,800 --> 00:31:26,520
Speaker 1: the point that she made there was spot on. How

486
00:31:26,560 --> 00:31:32,080
Speaker 1: many great people, how many amazing men or women should

487
00:31:32,240 --> 00:31:38,360
Speaker 1: have been considered, should have been considered for the Supreme

488
00:31:38,400 --> 00:31:42,200
Speaker 1: Court that were immediately kicked out because they had the

489
00:31:42,240 --> 00:31:47,120
Speaker 1: wrong color skin or they were man, because you were

490
00:31:47,480 --> 00:31:51,280
Speaker 1: totally discriminated against by this President United States of America

491
00:31:51,320 --> 00:31:52,880
Speaker 1: because he said I'm going after.

492
00:31:52,680 --> 00:31:55,480
Speaker 2: A quota only. This is the quota.

493
00:31:55,600 --> 00:31:59,520
Speaker 1: If you don't fit this racial makeup, you will not

494
00:31:59,840 --> 00:32:02,480
Speaker 1: have a chance at sitting on the Supreme Court.

495
00:32:03,040 --> 00:32:04,680
Speaker 2: That is the fact of the situation.

496
00:32:04,880 --> 00:32:09,440
Speaker 1: And the Lieutenant governor in Virginia, African American woman, God

497
00:32:09,520 --> 00:32:11,800
Speaker 1: bless her for coming out and saying it the way

498
00:32:11,800 --> 00:32:14,160
Speaker 1: that she did. Because Justice Side of my Or and

499
00:32:14,200 --> 00:32:16,960
Speaker 1: her descent in the affirmative Action rooming said quote, despite

500
00:32:17,000 --> 00:32:21,760
Speaker 1: the country's unjustified exercise of power, the opinion today will

501
00:32:21,800 --> 00:32:25,840
Speaker 1: serve only to highlight the Court's own endpotence in the

502
00:32:25,920 --> 00:32:32,400
Speaker 1: face of an American America who cries for equality. Resound

503
00:32:33,560 --> 00:32:37,160
Speaker 1: that's what Justice Side of my Or said, and Sears said, well,

504
00:32:37,920 --> 00:32:41,000
Speaker 1: what you have is the justice who was chosen because

505
00:32:41,000 --> 00:32:45,520
Speaker 1: she's black and because she's a woman, who's now saying

506
00:32:45,680 --> 00:32:48,200
Speaker 1: I don't like that, We're going to change that, because

507
00:32:48,520 --> 00:32:51,360
Speaker 1: that's why she got the job to fill that quote up.

508
00:32:52,240 --> 00:32:57,800
Speaker 1: Columbia University president had this to say about what happened

509
00:32:57,840 --> 00:33:01,200
Speaker 1: with this decision on MSNBC with been carefully to how

510
00:33:01,240 --> 00:33:03,440
Speaker 1: angry they are over there, sorry.

511
00:33:03,280 --> 00:33:07,560
Speaker 7: Now, which is really I was not aware of the

512
00:33:07,560 --> 00:33:11,280
Speaker 7: Columbia Veterans program. That is fascinating because they bring so

513
00:33:11,400 --> 00:33:16,320
Speaker 7: much experience and leadership qualities and skills, all of the

514
00:33:16,360 --> 00:33:19,560
Speaker 7: training that they have. I just wanted to read part

515
00:33:19,720 --> 00:33:23,280
Speaker 7: of Justice Jackson's descent in the UNC case. She did

516
00:33:23,280 --> 00:33:26,720
Speaker 7: not participate in the Harvard case because of refusal, She writes,

517
00:33:26,960 --> 00:33:30,440
Speaker 7: to demand that collegees ignore race in today's admissions practices

518
00:33:30,600 --> 00:33:33,760
Speaker 7: and thus disregard the fact that racial disparities may have

519
00:33:33,840 --> 00:33:37,240
Speaker 7: mattered for where some applicants find themselves today is not

520
00:33:37,280 --> 00:33:39,520
Speaker 7: only an affront to the dignity of those students for

521
00:33:39,560 --> 00:33:43,760
Speaker 7: whom race matters, it also condemns our society to never

522
00:33:43,960 --> 00:33:47,280
Speaker 7: escape the past that explains how and why race matters,

523
00:33:47,320 --> 00:33:51,280
Speaker 7: to the very concept of whom merits admission. That, combined

524
00:33:51,320 --> 00:33:53,479
Speaker 7: with the justices writing that there should be an end

525
00:33:53,560 --> 00:33:58,000
Speaker 7: date to these policies those that survive, reminds me of

526
00:33:58,040 --> 00:34:00,960
Speaker 7: the Voting Rights Decision twenty thirteen, which is to assume

527
00:34:00,960 --> 00:34:04,000
Speaker 7: that at some point society will magically become race neutral,

528
00:34:04,960 --> 00:34:05,800
Speaker 7: which doesn't happen.

529
00:34:07,840 --> 00:34:12,440
Speaker 6: So this opens up your question, Andrea opens up the

530
00:34:13,000 --> 00:34:17,439
Speaker 6: two different philosophies that are reflected in the Roberts and

531
00:34:17,640 --> 00:34:22,040
Speaker 6: other conservative justices views about how to think about race

532
00:34:22,200 --> 00:34:28,120
Speaker 6: in America and that of Justices Jackson and Sodamayer and

533
00:34:28,280 --> 00:34:34,760
Speaker 6: formerly of Justice Ginsburg to Justice Roberts and the others

534
00:34:34,760 --> 00:34:38,279
Speaker 6: who joined him, Brown versus Board of Education was a

535
00:34:38,280 --> 00:34:43,880
Speaker 6: great moment in American history, declaring that the Fourteenth Amendment

536
00:34:44,000 --> 00:34:47,560
Speaker 6: required equal protection and not separate but equal schooling and

537
00:34:47,600 --> 00:34:51,400
Speaker 6: other programs in the United States and set off the

538
00:34:51,440 --> 00:34:56,200
Speaker 6: Civil Rights era. That was a great moment, but that

539
00:34:56,360 --> 00:35:02,680
Speaker 6: was only about stopping racial discrimination. Any kind of effort

540
00:35:03,080 --> 00:35:08,360
Speaker 6: to overcome the effects of racial discrimination are not allowed

541
00:35:08,440 --> 00:35:13,000
Speaker 6: in his view. To Justices Jackson and Sodamayer, this is

542
00:35:13,239 --> 00:35:16,680
Speaker 6: and Thurgood Marshall in the Baki case, this is wrong.

543
00:35:16,800 --> 00:35:22,200
Speaker 6: Thanking that we've had several hundred years of discrimination against

544
00:35:22,200 --> 00:35:26,799
Speaker 6: African Americans in particular, and we must as a society

545
00:35:26,920 --> 00:35:30,040
Speaker 6: find means to try to correct for that because they're ongoing.

546
00:35:30,120 --> 00:35:35,240
Speaker 6: They haven't stopped. And affirmative action in higher education began

547
00:35:35,640 --> 00:35:39,480
Speaker 6: exactly for that reason. In the nineteen seventies all across

548
00:35:39,480 --> 00:35:43,680
Speaker 6: the country, every selective university tried to become more diverse

549
00:35:44,600 --> 00:35:47,040
Speaker 6: as part of an effort in the country to grapple

550
00:35:47,440 --> 00:35:51,560
Speaker 6: with the history and ongoing effects of discrimination. In the

551
00:35:51,560 --> 00:35:56,640
Speaker 6: Baki case, universities were told by Justice Poal, you cannot

552
00:35:56,760 --> 00:36:01,080
Speaker 6: talk in those terms and ever since and universities have

553
00:36:01,160 --> 00:36:04,000
Speaker 6: been limited in how they could think about affirmative action

554
00:36:04,760 --> 00:36:09,759
Speaker 6: to just the diversity rationale, not to the racial justice rationale.

555
00:36:10,640 --> 00:36:17,319
Speaker 6: So Justice Jackson and Sodamayer our right to say the

556
00:36:17,560 --> 00:36:21,640
Speaker 6: only way to think about this sensibly is to put

557
00:36:21,640 --> 00:36:25,640
Speaker 6: it in the context of a history of racial discrimination

558
00:36:26,520 --> 00:36:30,600
Speaker 6: that continues to this day and requires the work of

559
00:36:30,760 --> 00:36:34,920
Speaker 6: universities and other institutions to try to overcome it. Affirmative

560
00:36:34,960 --> 00:36:41,799
Speaker 6: action has been that. So that's a fundamental difference in

561
00:36:41,880 --> 00:36:45,440
Speaker 6: the ways in which we talk about affirmative action reflected

562
00:36:45,560 --> 00:36:47,520
Speaker 6: in these opinions.

563
00:36:48,920 --> 00:36:49,360
Speaker 2: Presently.

564
00:36:49,520 --> 00:36:53,960
Speaker 7: Bolinger of Columbia University, a leader for decades and decades

565
00:36:54,000 --> 00:36:56,240
Speaker 7: on this and so many other issues of higher education.

566
00:36:56,600 --> 00:37:00,160
Speaker 2: It's real. I love it, right, Columbia University. I mean,

567
00:37:00,239 --> 00:37:00,920
Speaker 2: that's fine.

568
00:37:01,120 --> 00:37:05,200
Speaker 1: Means to correct for several hundred years of discrimination, and

569
00:37:05,239 --> 00:37:06,520
Speaker 1: so therefore this is the way to do it.

570
00:37:06,560 --> 00:37:07,920
Speaker 2: So therefore we should just keep doing it.

571
00:37:07,920 --> 00:37:10,359
Speaker 1: And if it screws over other minorities, we don't care,

572
00:37:10,760 --> 00:37:13,520
Speaker 1: because we give ourselves a hug that somehow we've done

573
00:37:13,560 --> 00:37:17,640
Speaker 1: it right. Paul Butler on affirmative action. Our country is

574
00:37:17,719 --> 00:37:21,360
Speaker 1: at great risk of returning to quote the old days.

575
00:37:22,880 --> 00:37:26,160
Speaker 1: I'm taking the case personally. He goes on to.

576
00:37:26,120 --> 00:37:27,799
Speaker 5: Say, I was really struck at the end of our

577
00:37:27,880 --> 00:37:30,720
Speaker 5: last hour in that conversation between Andrew Mitchell and Jonathan

578
00:37:30,800 --> 00:37:32,640
Speaker 5: kpe Hart. And you wrote an op ed in the

579
00:37:32,719 --> 00:37:36,719
Speaker 5: Washington Post about affirmative action in twenty twenty two, and

580
00:37:36,800 --> 00:37:38,640
Speaker 5: you write that you got into Yale University and then

581
00:37:38,680 --> 00:37:41,960
Speaker 5: Harvard Law School because of affirmative action. I mean big

582
00:37:42,040 --> 00:37:44,520
Speaker 5: picture here, what is the impact do you think this

583
00:37:44,560 --> 00:37:45,759
Speaker 5: will have on students?

584
00:37:47,080 --> 00:37:51,360
Speaker 8: So we already know the dramatic and negative impact this

585
00:37:51,440 --> 00:37:54,040
Speaker 8: will have based on the nine states that have already

586
00:37:54,440 --> 00:38:00,920
Speaker 8: outlawed diversity in college admissions, and you see a California's

587
00:38:00,960 --> 00:38:05,640
Speaker 8: elite school, the enrollment of black and Latin X students

588
00:38:05,680 --> 00:38:10,319
Speaker 8: declined dramatically. There was a brief submitted by universities in

589
00:38:10,360 --> 00:38:13,120
Speaker 8: this case that suggests that the number of black students

590
00:38:13,120 --> 00:38:16,360
Speaker 8: of these schools is going to go down to two percent.

591
00:38:16,760 --> 00:38:20,040
Speaker 8: And yes, Lindsey, I'm taking this case personally. As a

592
00:38:20,080 --> 00:38:24,239
Speaker 8: black man who graduated with honors from Harvard after being

593
00:38:24,280 --> 00:38:28,319
Speaker 8: admitted through its affirmative action process, I was as qualified

594
00:38:28,320 --> 00:38:32,440
Speaker 8: as idiot of mine excellent colleagues, But The reality is

595
00:38:32,440 --> 00:38:37,640
Speaker 8: that before affirmative action, black people, Latin X people, Native people,

596
00:38:38,000 --> 00:38:42,719
Speaker 8: we weren't present at these selective institutions, even though we

597
00:38:42,760 --> 00:38:46,040
Speaker 8: could do the work as well as anybody. And now

598
00:38:46,120 --> 00:38:50,000
Speaker 8: that the Court has in effect overturned one of the

599
00:38:50,000 --> 00:38:54,720
Speaker 8: most successful racial justice policies of all time, our country

600
00:38:54,840 --> 00:38:58,760
Speaker 8: is at great risk of returning to those old days

601
00:38:58,840 --> 00:39:02,440
Speaker 8: when black and Latin X and Native folks, the people

602
00:39:02,640 --> 00:39:06,480
Speaker 8: who built this country, are shut out of the opportunity

603
00:39:06,560 --> 00:39:09,600
Speaker 8: to learn at some of our country's best colleges.

604
00:39:12,080 --> 00:39:16,520
Speaker 1: Okay, so he gets in, and he says, I got

605
00:39:16,520 --> 00:39:18,520
Speaker 1: in only because of race, but it was worth it.

606
00:39:18,560 --> 00:39:21,799
Speaker 1: And the question is, okay, then who got screwed over?

607
00:39:23,239 --> 00:39:26,799
Speaker 1: Who didn't get in that worked extremely hard because they

608
00:39:26,800 --> 00:39:30,000
Speaker 1: had the wrong color of skin. Now, I'm glad that

609
00:39:30,080 --> 00:39:32,600
Speaker 1: he got in. Okay, I'm glad that everybody gets in.

610
00:39:32,640 --> 00:39:36,120
Speaker 1: But you shouldn't kick other people out just to meet

611
00:39:36,160 --> 00:39:39,560
Speaker 1: a quota. And that's exactly what the Supreme Court said today.

612
00:39:39,600 --> 00:39:43,680
Speaker 1: You can't do this. You can't discriminate against other people

613
00:39:43,719 --> 00:39:46,560
Speaker 1: based on the color of their skin while claiming that

614
00:39:46,600 --> 00:39:51,400
Speaker 1: this is good for the country. On the issue of discrimination, right,

615
00:39:51,520 --> 00:39:54,120
Speaker 1: one person can't get discriminated against, so that you can

616
00:39:54,200 --> 00:39:56,719
Speaker 1: act like you're righting the wrong from what happened in

617
00:39:56,760 --> 00:40:00,759
Speaker 1: the past to another person. That's not our and our

618
00:40:00,800 --> 00:40:05,120
Speaker 1: constitution are quote color blind. That is exactly what Clarence

619
00:40:05,160 --> 00:40:08,960
Speaker 1: Thomas said, and that's exactly what is right in this country.

620
00:40:09,200 --> 00:40:11,480
Speaker 1: This is going to be a big day for fairness

621
00:40:11,560 --> 00:40:14,360
Speaker 1: and moving on. And this is also going to be

622
00:40:14,600 --> 00:40:18,680
Speaker 1: phenomenal for people that get into these institutions based on

623
00:40:18,680 --> 00:40:20,960
Speaker 1: their merit and not have to worry that they're being

624
00:40:21,120 --> 00:40:24,000
Speaker 1: undermine or whispered about. Well, are they really here because

625
00:40:24,000 --> 00:40:26,000
Speaker 1: they deserve to be here. They get here because they

626
00:40:26,000 --> 00:40:28,120
Speaker 1: got in because of the color of their skin. This

627
00:40:28,360 --> 00:40:32,560
Speaker 1: is going to fix problems and it's a fabulous thing.

628
00:40:33,719 --> 00:40:34,320
Speaker 2: Don't forget.

629
00:40:34,880 --> 00:40:37,400
Speaker 1: Share this podcast with your family and your friends, and

630
00:40:37,440 --> 00:40:39,080
Speaker 1: I will see you back here tomorrow.