1 00:00:00,160 --> 00:00:01,240 Speaker 1: It is official. 2 00:00:01,440 --> 00:00:05,960 Speaker 2: The Supreme Court has said that racial preferences, also known 3 00:00:06,000 --> 00:00:11,320 Speaker 2: as affirmative action, is unconstitutional in college admissions. Let me 4 00:00:11,440 --> 00:00:14,440 Speaker 2: just translate this down for you so you understand exactly 5 00:00:14,920 --> 00:00:17,119 Speaker 2: what the Supreme Court has said. They said that you 6 00:00:17,280 --> 00:00:22,840 Speaker 2: cannot consider a person's color of their skin in the 7 00:00:22,880 --> 00:00:30,360 Speaker 2: admissions process at the university level. The left is beyond furious. 8 00:00:31,680 --> 00:00:34,800 Speaker 2: They're furious because they absolutely believe that you should be 9 00:00:34,800 --> 00:00:37,559 Speaker 2: able to get into any school you want to and 10 00:00:37,640 --> 00:00:40,040 Speaker 2: it should be easy for you to get in based 11 00:00:40,080 --> 00:00:43,600 Speaker 2: on if you are a minority. But that's what the 12 00:00:43,640 --> 00:00:48,920 Speaker 2: Supreme Court said is unconstitutional, saying racial preferences in college 13 00:00:48,960 --> 00:00:55,920 Speaker 2: admissions violate the equal protection clause of the Constitution. The 14 00:00:55,960 --> 00:00:59,720 Speaker 2: Supreme Court decide this in this historic decision. This will 15 00:00:59,760 --> 00:01:04,000 Speaker 2: have profound implications for racial preferences in many areas of 16 00:01:04,120 --> 00:01:07,679 Speaker 2: law as well as public policy. Now the Supreme Court 17 00:01:07,920 --> 00:01:14,080 Speaker 2: upheld racial preferences they have called affirmative action, something that 18 00:01:14,160 --> 00:01:18,840 Speaker 2: has been used in college admissions since there was a 19 00:01:18,880 --> 00:01:21,959 Speaker 2: court decision back in nineteen seventy eight, and since then, 20 00:01:22,640 --> 00:01:26,200 Speaker 2: debates have raged about whether to use quotas a point 21 00:01:26,319 --> 00:01:30,959 Speaker 2: system and other ways of favoring one applicant over another 22 00:01:31,080 --> 00:01:32,920 Speaker 2: solely based on the color of their skin. Now, let 23 00:01:32,959 --> 00:01:34,640 Speaker 2: me break that down a little bit more freez to 24 00:01:34,680 --> 00:01:38,600 Speaker 2: understand many universities, you could have lower test scores, You 25 00:01:38,600 --> 00:01:42,440 Speaker 2: could have a weaker admissions process, or have a weaker 26 00:01:42,520 --> 00:01:46,360 Speaker 2: candidate that would then beat out another candidate because they 27 00:01:46,480 --> 00:01:51,520 Speaker 2: were given so many bonus points for the color of 28 00:01:51,560 --> 00:01:55,600 Speaker 2: their skin. There are also universities where, no matter how 29 00:01:55,640 --> 00:01:57,080 Speaker 2: good of a student you were, if you had the 30 00:01:57,120 --> 00:02:00,400 Speaker 2: wrong color skin, you would not get in because they 31 00:02:00,440 --> 00:02:03,200 Speaker 2: were hitting quotas that were put in by the university. 32 00:02:03,400 --> 00:02:07,240 Speaker 2: So let's make it even simpler than that. A university 33 00:02:07,280 --> 00:02:11,200 Speaker 2: would say, okay, we want forty percent right of our 34 00:02:11,240 --> 00:02:13,799 Speaker 2: student body, or thirty percent or twenty percent, whatever the 35 00:02:13,880 --> 00:02:18,920 Speaker 2: numbers they decide to be minority based. So at some 36 00:02:19,080 --> 00:02:23,000 Speaker 2: point you ran out of positions, regardless of the academic 37 00:02:23,720 --> 00:02:28,040 Speaker 2: transcript the resume of a student, and they would lose 38 00:02:28,080 --> 00:02:30,200 Speaker 2: out automatically on a chance to go to the college 39 00:02:30,240 --> 00:02:33,280 Speaker 2: they desperately want to go to because of a quota 40 00:02:33,360 --> 00:02:37,600 Speaker 2: system that's in place. The other thing that happened more 41 00:02:37,680 --> 00:02:40,920 Speaker 2: recently is we were finding out that students who were 42 00:02:41,400 --> 00:02:45,560 Speaker 2: clearly qualified to go to great institutions were being denied 43 00:02:45,720 --> 00:02:49,720 Speaker 2: because of a pointed system, a weight system that would 44 00:02:49,760 --> 00:02:53,639 Speaker 2: allow for minorities to have so much more. 45 00:02:53,960 --> 00:02:54,519 Speaker 1: Of a. 46 00:02:56,840 --> 00:03:00,400 Speaker 2: Of an ability to go to a school because because 47 00:03:01,400 --> 00:03:04,000 Speaker 2: they were a minority and there was no way to 48 00:03:04,040 --> 00:03:07,920 Speaker 2: overcome that. Well, what the Supreme Court is upholding is 49 00:03:07,960 --> 00:03:14,000 Speaker 2: some approaches while trimming the sales on others. Conservatives have 50 00:03:14,320 --> 00:03:18,040 Speaker 2: said for a long time that the Constitution does not 51 00:03:18,120 --> 00:03:21,560 Speaker 2: allow for any of the approaches that I just mentioned, 52 00:03:21,639 --> 00:03:24,160 Speaker 2: right like, that doesn't allow for this. The Equal Protection 53 00:03:24,240 --> 00:03:28,160 Speaker 2: Clause the Fourteenth Amendment commands that no state shall deny 54 00:03:28,280 --> 00:03:31,160 Speaker 2: to any person within its jurisdiction the equal protection of 55 00:03:31,200 --> 00:03:35,240 Speaker 2: the laws. The Supreme Court has always acknowledged that the 56 00:03:35,400 --> 00:03:39,120 Speaker 2: central premise of the Equal Protection Clause is to prevent 57 00:03:39,240 --> 00:03:42,760 Speaker 2: laws and public policies that discriminate on the basis of race. 58 00:03:43,200 --> 00:03:46,360 Speaker 2: And what was happening at these universities is you were 59 00:03:46,440 --> 00:03:52,000 Speaker 2: clearly discriminating against certain people solely based on race and 60 00:03:52,040 --> 00:03:55,320 Speaker 2: the color of their skin. There's also another part of this. 61 00:03:56,000 --> 00:04:00,840 Speaker 2: The Fourteenth Amendment, it applied applies only to state governments, 62 00:04:01,360 --> 00:04:06,600 Speaker 2: which includes state and local public universities. For example, Title 63 00:04:06,680 --> 00:04:09,000 Speaker 2: nine of the Civil Rights Act of nineteen sixty four 64 00:04:09,080 --> 00:04:14,320 Speaker 2: also extends racial discrimination to institutions that accept federal tax money, 65 00:04:14,800 --> 00:04:18,960 Speaker 2: such as in grants and as intuition aid. That applies 66 00:04:19,040 --> 00:04:24,440 Speaker 2: to almost every private university as well. Okay, now, Students 67 00:04:24,560 --> 00:04:28,520 Speaker 2: for Fair Admissions, that's the name of this group. They 68 00:04:28,640 --> 00:04:32,560 Speaker 2: filed a bunch of lawsuits against public and private schools. 69 00:04:33,160 --> 00:04:36,080 Speaker 2: The Supreme Court eventually took two of them. There was 70 00:04:36,120 --> 00:04:39,440 Speaker 2: two different challenges. There was a challenge through the admissions 71 00:04:39,440 --> 00:04:41,680 Speaker 2: policy at the University of North Carolina you would know 72 00:04:41,720 --> 00:04:45,920 Speaker 2: them as Carolina Blue, you and c. They challenged them 73 00:04:46,160 --> 00:04:49,760 Speaker 2: under the fourteenth Amendment. And a challenge also was accepted 74 00:04:49,800 --> 00:04:54,320 Speaker 2: by the Court to a Harvard's policy as well. The 75 00:04:54,360 --> 00:05:01,599 Speaker 2: Supreme Court held sixty three that UNC's policy is unconstitutional 76 00:05:02,000 --> 00:05:05,280 Speaker 2: and held the same regarding Harvard's policy by a vote 77 00:05:05,279 --> 00:05:08,880 Speaker 2: of six to two. So this was overwhelming that this 78 00:05:09,040 --> 00:05:15,080 Speaker 2: was struck down. Justice Brown Jackson recused herself from the 79 00:05:15,120 --> 00:05:16,000 Speaker 2: Harvard case. 80 00:05:16,160 --> 00:05:16,719 Speaker 1: Just so you know. 81 00:05:17,560 --> 00:05:20,960 Speaker 2: Chief Justice John Roberts wrote the majority opinion that was 82 00:05:21,040 --> 00:05:24,880 Speaker 2: joined by all of the conservatives and also the moderate justices. 83 00:05:25,520 --> 00:05:28,720 Speaker 2: The majority opinion declared that the Harvard and UNC and 84 00:05:28,720 --> 00:05:32,400 Speaker 2: I'm quoting. Now, the Harvard and UNC admissions program cannot 85 00:05:32,480 --> 00:05:35,679 Speaker 2: be reconciled with the guarantees of the Equal Protection Clause. 86 00:05:37,040 --> 00:05:42,799 Speaker 2: It concludes, quote, the Constitution deals with substance, not shadows, 87 00:05:43,600 --> 00:05:48,000 Speaker 2: and the prohibition against racial discrimination is leveled at the thing, 88 00:05:48,360 --> 00:05:52,200 Speaker 2: not the name. A benefit to a student who overcame 89 00:05:52,320 --> 00:05:57,479 Speaker 2: racial discrimination, for example, must be tied to that student's 90 00:05:58,040 --> 00:06:03,440 Speaker 2: courage and determination. Or a benefit to a student who's 91 00:06:03,560 --> 00:06:07,960 Speaker 2: heritage or culture motivated him or her to assume a 92 00:06:08,040 --> 00:06:11,560 Speaker 2: leadership role or obtain a particular goal must be tied 93 00:06:11,600 --> 00:06:16,080 Speaker 2: to that student's unique ability to contribute to the university. 94 00:06:16,880 --> 00:06:21,479 Speaker 2: In other words, the student must be treated based on 95 00:06:21,640 --> 00:06:26,479 Speaker 2: his or her experiences as an individual, not on the 96 00:06:26,520 --> 00:06:29,520 Speaker 2: basis of race. In other words, you don't get thirty 97 00:06:29,600 --> 00:06:33,160 Speaker 2: points on a point system just because you show up 98 00:06:33,160 --> 00:06:38,560 Speaker 2: with a application that marked de box African American or 99 00:06:38,680 --> 00:06:45,560 Speaker 2: indiansiles when going into the college admissions process. Now, many universities, 100 00:06:46,720 --> 00:06:49,840 Speaker 2: again this is from the majority opinion. Quote, many universities 101 00:06:49,880 --> 00:06:53,760 Speaker 2: have for far too long done just the opposite, and 102 00:06:53,760 --> 00:06:58,760 Speaker 2: in doing so, they have concluded wrongly that the touchstone 103 00:06:58,920 --> 00:07:05,320 Speaker 2: of an individual's identity is not challenges bested, skills built 104 00:07:05,680 --> 00:07:10,160 Speaker 2: or lessons learned, but the color of their skin. Our 105 00:07:10,240 --> 00:07:16,320 Speaker 2: constitutional history does not tolerate that choice. So again, the 106 00:07:16,400 --> 00:07:19,440 Speaker 2: majority opinion here make it clear you judge an individual's 107 00:07:19,440 --> 00:07:26,000 Speaker 2: identity by challenges bested skills built, lessons learned, their academic resume, 108 00:07:26,640 --> 00:07:30,840 Speaker 2: they're outside at curricular resume. But you cannot judge someone 109 00:07:30,960 --> 00:07:35,880 Speaker 2: solely based on the color of their skin. The constitutional 110 00:07:36,000 --> 00:07:41,800 Speaker 2: history does not tolerate that choice. Justice Clarence Thomas also 111 00:07:41,960 --> 00:07:46,040 Speaker 2: joined Robert's opinion in full, but also wrote separately to 112 00:07:46,200 --> 00:07:50,680 Speaker 2: highlight the constitutional principle at stake by saying, in the 113 00:07:50,720 --> 00:07:54,280 Speaker 2: wake of the Civil War, the country focused its attention 114 00:07:54,440 --> 00:07:58,800 Speaker 2: on restoring the Union and established the legal status of 115 00:07:58,880 --> 00:08:03,400 Speaker 2: newly freed slave PEPs. The Constitution was amended to abolish 116 00:08:03,480 --> 00:08:08,240 Speaker 2: slavery and proclaim that all persons born in the United 117 00:08:08,240 --> 00:08:13,360 Speaker 2: States of America are citizens, entitled to the privileges or 118 00:08:13,400 --> 00:08:19,280 Speaker 2: immunity of citizenship and the equal protection of the laws. 119 00:08:20,200 --> 00:08:25,680 Speaker 2: Because of the second founding, our Constitution is color blind 120 00:08:26,040 --> 00:08:32,760 Speaker 2: and neither knows nor tolerates classes among citizens. Now, this 121 00:08:32,920 --> 00:08:37,680 Speaker 2: is the exact opposite of what Judge Jackson said in 122 00:08:37,720 --> 00:08:41,240 Speaker 2: the dissent saying our country has never been color blind. 123 00:08:41,320 --> 00:08:43,640 Speaker 2: I'm going to get to that in a moment. Now 124 00:08:43,679 --> 00:08:47,760 Speaker 2: this case that are these cases. These two cases are 125 00:08:47,840 --> 00:08:52,440 Speaker 2: Students for Fair ad Missions versus the presidents and fellows 126 00:08:52,440 --> 00:08:56,640 Speaker 2: of Harvard College, and Students for Fair Admissions versus the 127 00:08:56,720 --> 00:08:57,920 Speaker 2: University of North Carolina. 128 00:08:59,120 --> 00:09:00,640 Speaker 1: This is a mass of when. 129 00:09:01,240 --> 00:09:04,560 Speaker 2: For judging people not by the color of their skin, 130 00:09:05,960 --> 00:09:09,600 Speaker 2: but by the integrity of their work and who they 131 00:09:09,600 --> 00:09:13,319 Speaker 2: are as a person. Now, that is the exact opposite, 132 00:09:13,440 --> 00:09:16,560 Speaker 2: by the way of what the left wants. We know 133 00:09:16,679 --> 00:09:20,679 Speaker 2: this because they wrote about it in the dissent. Let 134 00:09:20,679 --> 00:09:25,840 Speaker 2: me go to those that said no to this Justice Jackson, 135 00:09:26,400 --> 00:09:30,679 Speaker 2: President Joe Biden's nomini of the Supreme Court dissented in 136 00:09:31,080 --> 00:09:36,280 Speaker 2: very harsh terms from the decision striking down racial preferences 137 00:09:36,280 --> 00:09:37,320 Speaker 2: in college admissions. 138 00:09:37,320 --> 00:09:37,760 Speaker 1: Decision. 139 00:09:38,320 --> 00:09:41,520 Speaker 2: Now the full decision and the concurring opinions and the descents, 140 00:09:42,040 --> 00:09:44,040 Speaker 2: you can read those online if you want to, But 141 00:09:44,120 --> 00:09:46,679 Speaker 2: let me just give you some of what she said. 142 00:09:47,559 --> 00:09:53,560 Speaker 2: Brown accused the Court's six conservative justices of pretending that 143 00:09:53,600 --> 00:09:58,400 Speaker 2: the US is a colorblind society and ignoring, she says, 144 00:09:58,440 --> 00:10:04,559 Speaker 2: pervasive radical racial inequalities that persist even in the absence 145 00:10:04,640 --> 00:10:09,480 Speaker 2: of formal racial discrimination laws. Now, Justice Thomas, as I 146 00:10:09,600 --> 00:10:12,080 Speaker 2: read for you a moment ago, says, Hey, regardless of 147 00:10:12,080 --> 00:10:15,520 Speaker 2: what you believe, when we amended the constitution right and 148 00:10:15,800 --> 00:10:18,439 Speaker 2: got rid of slavery, and we amended it, the constitution 149 00:10:18,760 --> 00:10:22,400 Speaker 2: is color blind. Our laws are color blind. She's saying 150 00:10:22,520 --> 00:10:26,240 Speaker 2: it shouldn't be that way. She outlined a history of 151 00:10:26,360 --> 00:10:30,839 Speaker 2: black suffering in America and the descent from slavery to sharecropping, 152 00:10:30,960 --> 00:10:34,680 Speaker 2: from Jim Crow to redlining, saying, quote, the race based 153 00:10:34,720 --> 00:10:38,880 Speaker 2: gaps that first developed centuries ago are echoes from the 154 00:10:38,920 --> 00:10:43,680 Speaker 2: past that still exists today. She added quote to demand 155 00:10:43,760 --> 00:10:47,720 Speaker 2: that colleges ignore race in today's admissions practices and thus 156 00:10:47,800 --> 00:10:52,960 Speaker 2: disregard the fact that racial disparities may have mattered for 157 00:10:53,040 --> 00:10:56,840 Speaker 2: where some applicants find themselves today. Is not only an 158 00:10:56,880 --> 00:11:00,520 Speaker 2: affront to the dignity of those students for whom race matters, 159 00:11:01,240 --> 00:11:04,800 Speaker 2: it also condemns our society to never escape the past 160 00:11:05,360 --> 00:11:09,320 Speaker 2: that explains how and why race matters, to the very 161 00:11:09,600 --> 00:11:15,520 Speaker 2: concept of who merits quote unquote admission, describing by the 162 00:11:15,520 --> 00:11:18,240 Speaker 2: way the use of race and admissions at Harvard and 163 00:11:18,320 --> 00:11:22,880 Speaker 2: the University of North Carolina as a plus factor and 164 00:11:22,960 --> 00:11:26,520 Speaker 2: ignoring the burdens suffered by Asian Americans and others harmed 165 00:11:26,520 --> 00:11:30,559 Speaker 2: by the policy. She argued that there were quote universal 166 00:11:30,640 --> 00:11:35,760 Speaker 2: benefits to using race and college admissions policies, not just 167 00:11:35,960 --> 00:11:39,960 Speaker 2: for the beneficiaries. She said, quote and the dissent do 168 00:11:40,040 --> 00:11:44,560 Speaker 2: not miss the point that ensuring a diverse student body 169 00:11:45,000 --> 00:11:49,559 Speaker 2: in higher education helps everyone, not just those who do 170 00:11:49,679 --> 00:11:54,680 Speaker 2: to their race have directly inherited distinct disadvantages really respect 171 00:11:54,800 --> 00:12:00,560 Speaker 2: to their health, wealth, and well being. She wrote, she 172 00:12:00,679 --> 00:12:04,760 Speaker 2: was very frustrated. She also argued in The Descent that 173 00:12:05,000 --> 00:12:09,160 Speaker 2: race blindness will delay the day that every American has 174 00:12:09,200 --> 00:12:12,880 Speaker 2: an equal opportunity to thrive regardless of race, even though 175 00:12:12,880 --> 00:12:15,800 Speaker 2: the data is actually showing the opposite of that. Now, 176 00:12:15,880 --> 00:12:18,000 Speaker 2: let me explain what I mean by that. There are 177 00:12:18,240 --> 00:12:23,120 Speaker 2: countless young women and countless young men, who by the way, 178 00:12:23,200 --> 00:12:27,080 Speaker 2: are poor, who have not gotten scholarships and have not 179 00:12:27,200 --> 00:12:31,400 Speaker 2: gotten into amazing universities because they were born with the 180 00:12:31,440 --> 00:12:35,720 Speaker 2: wrong color skin, and that wrong color is anything but 181 00:12:36,760 --> 00:12:40,440 Speaker 2: what is described as a minority. Many Asian Americans have 182 00:12:40,559 --> 00:12:43,520 Speaker 2: also not gotten into universities because they have not been 183 00:12:43,600 --> 00:12:46,959 Speaker 2: waited at the same level as Hispanic Americans, Indian Americans, 184 00:12:47,000 --> 00:12:50,520 Speaker 2: and African Americans. That is clearly, I would argue a 185 00:12:50,559 --> 00:12:54,640 Speaker 2: form of racism when you have one race that you 186 00:12:54,760 --> 00:12:56,960 Speaker 2: choose to have more students come in or have more 187 00:12:57,000 --> 00:13:01,959 Speaker 2: waiting than another race. How is that not discrimination? And 188 00:13:02,000 --> 00:13:06,160 Speaker 2: that's exactly what the justices were saying. They were saying, 189 00:13:07,520 --> 00:13:10,400 Speaker 2: you can't do this at UNC, you can't do this 190 00:13:10,440 --> 00:13:13,080 Speaker 2: at Harvard. You can't do this at other universities where 191 00:13:13,440 --> 00:13:16,760 Speaker 2: you have a quota system where you decide what you 192 00:13:16,800 --> 00:13:21,559 Speaker 2: think is the perfect blend of minorities in your university. 193 00:13:22,360 --> 00:13:27,840 Speaker 2: You can't discriminate against amazing students because they have the 194 00:13:27,880 --> 00:13:32,880 Speaker 2: wrong color of skin. Right, Racism is racism, and bigotry 195 00:13:32,960 --> 00:13:37,200 Speaker 2: is bigotry, and having these quotas is not good for 196 00:13:37,280 --> 00:13:41,199 Speaker 2: America and the government, they're saying, are again our constitution 197 00:13:41,400 --> 00:13:42,240 Speaker 2: is color blind. 198 00:13:42,880 --> 00:13:45,800 Speaker 1: The Descent, they're saying, no, No, our government. 199 00:13:45,360 --> 00:13:51,480 Speaker 2: Should absolutely fill quotas and advocate for quotas and decide 200 00:13:51,520 --> 00:13:54,360 Speaker 2: to pick winners and losers solely based on the color 201 00:13:54,440 --> 00:13:58,280 Speaker 2: of your skin. Let me go back to the Discent, 202 00:13:58,400 --> 00:14:04,000 Speaker 2: though they say, quote with let them eat cake obliviousness. 203 00:14:04,040 --> 00:14:08,120 Speaker 2: Today the majority pulls the rip chord and announces color 204 00:14:08,240 --> 00:14:13,680 Speaker 2: blindness for all by legal fiat. But deeming race irrelevant 205 00:14:13,679 --> 00:14:17,280 Speaker 2: in law does not make it so in life, And 206 00:14:17,440 --> 00:14:21,560 Speaker 2: having so detached itself from this country's actual past and 207 00:14:21,760 --> 00:14:25,800 Speaker 2: present experiences, the Court has now been lured into interfering 208 00:14:25,840 --> 00:14:29,280 Speaker 2: with the crucial work that you n see and other 209 00:14:29,440 --> 00:14:33,040 Speaker 2: institutions of higher learning are doing to solve America's real 210 00:14:33,080 --> 00:14:35,880 Speaker 2: world problems. I couldn't, by the way, I disagree more 211 00:14:36,360 --> 00:14:38,400 Speaker 2: with that statement, she says. 212 00:14:38,480 --> 00:14:38,880 Speaker 1: Quote. 213 00:14:39,000 --> 00:14:43,840 Speaker 2: No one benefits from ignorance. Although former race linked legal 214 00:14:43,920 --> 00:14:49,960 Speaker 2: barriers are gone, race still matters to the lived experiences 215 00:14:50,000 --> 00:14:55,480 Speaker 2: of all Americans in innumerable ways, and today's ruling makes 216 00:14:55,520 --> 00:14:58,720 Speaker 2: things worse, not better. The best that can be said 217 00:14:58,760 --> 00:15:02,880 Speaker 2: of the majority's perspective is that it proceeds from the 218 00:15:02,960 --> 00:15:07,920 Speaker 2: hope that preventing consideration of race will end racism. But 219 00:15:08,000 --> 00:15:11,840 Speaker 2: if that is its motivation, the majority proceeds in vain. 220 00:15:12,360 --> 00:15:15,040 Speaker 2: If the colleges of this country are required to ignore 221 00:15:15,120 --> 00:15:18,440 Speaker 2: a thing that matters, it will not just go away. 222 00:15:18,840 --> 00:15:21,920 Speaker 2: It will take longer for racism to leave us, and ultimately, 223 00:15:21,960 --> 00:15:24,720 Speaker 2: ignoring race just makes it matter worse. 224 00:15:24,800 --> 00:15:25,080 Speaker 1: Now. 225 00:15:25,480 --> 00:15:29,640 Speaker 2: I actually believe that affirmative action breeds racism at the 226 00:15:29,720 --> 00:15:33,720 Speaker 2: college level because it also undermines minorities that get in 227 00:15:33,800 --> 00:15:37,000 Speaker 2: on their merits outside of a quota system for the 228 00:15:37,000 --> 00:15:39,360 Speaker 2: cloth of their skin. There are people that have come 229 00:15:39,400 --> 00:15:41,480 Speaker 2: forward saying that they were frustrated when they went to 230 00:15:41,520 --> 00:15:45,520 Speaker 2: college because they should they were there on their own merits, 231 00:15:45,520 --> 00:15:47,800 Speaker 2: but people looked at them in class like whose spot 232 00:15:47,840 --> 00:15:50,600 Speaker 2: did you take? And you're only here because you're a 233 00:15:50,640 --> 00:15:53,440 Speaker 2: minority and a quota system, not because of how hard 234 00:15:53,480 --> 00:15:58,160 Speaker 2: you worked. That's undermining the accomplishments of amazing men and 235 00:15:58,200 --> 00:16:02,960 Speaker 2: women who are minorities right now. In his own concurring opinion, 236 00:16:04,000 --> 00:16:10,600 Speaker 2: Justice Thomas took on Justice Jackson's dissent, saying, this Justice 237 00:16:10,720 --> 00:16:14,720 Speaker 2: Jackson would replace the second Founder's vision with an organizing 238 00:16:14,880 --> 00:16:18,480 Speaker 2: principle based on race. In fact, in her view, almost 239 00:16:18,480 --> 00:16:23,200 Speaker 2: all of life outcomes may be unheaesitantly ascribed to race. 240 00:16:24,080 --> 00:16:27,800 Speaker 2: This lore is not and has never been true. Even 241 00:16:27,840 --> 00:16:30,720 Speaker 2: the segregated South where I grew up, individuals were not 242 00:16:30,840 --> 00:16:33,720 Speaker 2: the sum of their skin color than is now. Not 243 00:16:33,880 --> 00:16:37,400 Speaker 2: all disparities are based on race, not all people are racist, 244 00:16:37,480 --> 00:16:42,320 Speaker 2: and not all differences between individuals are ascribed to race. 245 00:16:42,760 --> 00:16:45,280 Speaker 1: Worse still, Justice Jackson uses. 246 00:16:45,040 --> 00:16:50,440 Speaker 2: Her broad observation about statistical relationships between race and select 247 00:16:50,560 --> 00:16:54,080 Speaker 2: measures of health, wealth, and well being to label all 248 00:16:54,120 --> 00:16:59,480 Speaker 2: blacks as victims. Her desire to do so is un 249 00:16:59,640 --> 00:17:03,120 Speaker 2: fath to me. I cannot deny the great accomplishments of 250 00:17:03,120 --> 00:17:07,879 Speaker 2: Black Americans, including those who succeeded despite long odds. 251 00:17:08,720 --> 00:17:09,919 Speaker 1: Justice Jackson then. 252 00:17:09,880 --> 00:17:14,200 Speaker 2: Builds from her faulty premise to call for action, arguing 253 00:17:14,760 --> 00:17:18,480 Speaker 2: that court should defer to experts quote unquote and allow 254 00:17:18,560 --> 00:17:22,920 Speaker 2: institutions to discriminate on the basis of race. Make no mistake, 255 00:17:23,359 --> 00:17:27,800 Speaker 2: her Descent is not a vanguard of the innocent and helpless. 256 00:17:28,240 --> 00:17:33,320 Speaker 2: It is instead a call for empower privileged elites who 257 00:17:33,359 --> 00:17:36,639 Speaker 2: will tell us what is required to level the playing 258 00:17:36,680 --> 00:17:41,720 Speaker 2: field quote unquote among casts and classifications that they alone 259 00:17:41,840 --> 00:17:46,920 Speaker 2: can divine. Then, after siling all of us into racial 260 00:17:47,280 --> 00:17:51,200 Speaker 2: casts and pitting those casts against each other, the Descent 261 00:17:51,359 --> 00:17:53,560 Speaker 2: somehow believes that we will be able to, at some 262 00:17:53,840 --> 00:18:00,280 Speaker 2: undefined point, march forward together into some utopian version. Social 263 00:18:00,359 --> 00:18:03,919 Speaker 2: movements that invoke these sorts of rallying cries historically have 264 00:18:04,080 --> 00:18:08,960 Speaker 2: ended disastrously. Unsurprisingly, this tried and failed system defies both 265 00:18:09,160 --> 00:18:14,320 Speaker 2: law and reason. Hell yes to Clarence Thomas for having 266 00:18:14,359 --> 00:18:18,440 Speaker 2: the guts to write that. Let me also tell you 267 00:18:18,480 --> 00:18:20,880 Speaker 2: about a friends of Augusta Precious Metals. 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Listen to this from Fox 297 00:19:55,040 --> 00:19:56,159 Speaker 2: News earlier. 298 00:19:56,640 --> 00:19:58,920 Speaker 4: What would you say to these justices? 299 00:20:00,760 --> 00:20:04,000 Speaker 5: Well, what you have is a justice who has chosen 300 00:20:04,080 --> 00:20:07,639 Speaker 5: because she's black and because she's a woman. You know, 301 00:20:07,800 --> 00:20:11,320 Speaker 5: that's what we're understanding now what a woman is. And Martha, 302 00:20:11,359 --> 00:20:15,080 Speaker 5: while we're playing these stupid games, I'm saying that education 303 00:20:15,240 --> 00:20:17,439 Speaker 5: and the lack of it in America has risen to 304 00:20:17,480 --> 00:20:21,520 Speaker 5: a national crisis. China is not playing these stupid games. 305 00:20:21,600 --> 00:20:25,639 Speaker 5: China is interested in total world domination, and so is 306 00:20:25,720 --> 00:20:28,040 Speaker 5: Russia and the rest of them. That's what we have 307 00:20:28,160 --> 00:20:31,159 Speaker 5: to be concerned about. Our children are not learning, and 308 00:20:31,280 --> 00:20:34,040 Speaker 5: in fact, when they do graduate from high school and 309 00:20:34,080 --> 00:20:37,320 Speaker 5: decide to go on to college, Martha, more than sixty 310 00:20:37,359 --> 00:20:41,560 Speaker 5: percent of them, according to the statistics, need remedial education 311 00:20:41,720 --> 00:20:42,960 Speaker 5: that very first year. 312 00:20:43,320 --> 00:20:44,000 Speaker 1: So you know. 313 00:20:44,000 --> 00:20:48,080 Speaker 5: How the president is talking about getting rid of student loans, Well, 314 00:20:48,119 --> 00:20:51,359 Speaker 5: then the children are having to stay one extra year 315 00:20:51,520 --> 00:20:55,480 Speaker 5: in college based on loans that they've taken for work 316 00:20:55,520 --> 00:20:58,439 Speaker 5: that they should have completed when they were in high school. 317 00:20:58,640 --> 00:21:02,440 Speaker 5: So let's cut and let's get to what the remedies are. 318 00:21:02,520 --> 00:21:06,240 Speaker 5: And I'm pulling for school choice. School choice now our 319 00:21:06,359 --> 00:21:07,440 Speaker 5: children are in need. 320 00:21:09,640 --> 00:21:12,360 Speaker 2: I love the fact that Lieutenant Government Virginia came out 321 00:21:12,359 --> 00:21:15,639 Speaker 2: and said this, saying, let's be clear, there is a 322 00:21:15,640 --> 00:21:19,000 Speaker 2: Supreme Court justice that was chosen solely based on race, 323 00:21:20,119 --> 00:21:23,080 Speaker 2: solely based on the cover skin and sex. And that's 324 00:21:23,119 --> 00:21:26,159 Speaker 2: correct because Joe Biden ran saying, if you let me, 325 00:21:26,240 --> 00:21:27,760 Speaker 2: the next person I'm gonna put in the Supreme Court 326 00:21:27,760 --> 00:21:31,119 Speaker 2: will only be a minority woman. He was filling a 327 00:21:31,200 --> 00:21:34,600 Speaker 2: racial quota, just like universities have been filling racial quotas. 328 00:21:35,040 --> 00:21:37,760 Speaker 2: And so the point that she made there was spot 329 00:21:37,800 --> 00:21:42,520 Speaker 2: on how many great people, how many amazing men or 330 00:21:42,600 --> 00:21:49,960 Speaker 2: women should have been considered, should have been considered for 331 00:21:50,040 --> 00:21:54,040 Speaker 2: the Supreme Court that were immediately kicked out because they 332 00:21:54,080 --> 00:21:57,280 Speaker 2: had the wrong color skin or they were a man, 333 00:21:58,400 --> 00:22:02,520 Speaker 2: because you were totally discriminated against by this President the 334 00:22:02,560 --> 00:22:04,960 Speaker 2: United States of America because he said, I'm going after. 335 00:22:04,800 --> 00:22:07,600 Speaker 1: A quota only this is the quota. 336 00:22:07,720 --> 00:22:11,679 Speaker 2: If you don't fit this racial makeup, you will not 337 00:22:12,040 --> 00:22:14,600 Speaker 2: have a chance at sitting on the Supreme Court. 338 00:22:15,160 --> 00:22:16,800 Speaker 1: That is the fact of the situation. 339 00:22:17,000 --> 00:22:21,600 Speaker 2: And the Lieutenant governor in Virginia, African American woman, God 340 00:22:21,640 --> 00:22:23,920 Speaker 2: bless her for coming out and saying it the way 341 00:22:23,960 --> 00:22:26,320 Speaker 2: that she did, because Justice Side of my Or and 342 00:22:26,359 --> 00:22:29,120 Speaker 2: herd Ascent in the Affirmative Action Rooming said quote, despite 343 00:22:29,119 --> 00:22:33,880 Speaker 2: the country's unjustified exercise of power, the opinion today will 344 00:22:33,920 --> 00:22:37,800 Speaker 2: serve only to highlight the Court's own end potence in 345 00:22:37,840 --> 00:22:42,879 Speaker 2: the face of an American America who cries for equality. 346 00:22:44,040 --> 00:22:48,240 Speaker 2: Resound that's what Justice Side of my Or said, And 347 00:22:48,359 --> 00:22:52,240 Speaker 2: Sears said, well, what you have is the justice who 348 00:22:52,240 --> 00:22:55,439 Speaker 2: has chosen because she's black and because she's a woman 349 00:22:56,760 --> 00:22:59,359 Speaker 2: who's now saying I don't like that, We're going to 350 00:22:59,480 --> 00:23:02,199 Speaker 2: change that, because that's why she got the job to 351 00:23:02,400 --> 00:23:07,760 Speaker 2: fill that quote up. Columbia University president had this to 352 00:23:07,800 --> 00:23:12,480 Speaker 2: say about what happened with this decision on MSNBC. Listen 353 00:23:12,600 --> 00:23:14,560 Speaker 2: carefully to how angry they are over there. 354 00:23:14,880 --> 00:23:19,320 Speaker 6: Sorry now, I also which is really I was not 355 00:23:19,359 --> 00:23:22,920 Speaker 6: aware of the Columbia Veterans program. That is fascinating because 356 00:23:22,920 --> 00:23:27,919 Speaker 6: they bring so much experience and leadership qualities and skills, 357 00:23:28,080 --> 00:23:30,560 Speaker 6: all of the training that they have. I just wanted 358 00:23:30,560 --> 00:23:35,160 Speaker 6: to read part of Justice Jackson's descent in the UNC case. 359 00:23:35,160 --> 00:23:37,879 Speaker 6: She did not participate in the Harvard case because of recusal. 360 00:23:38,359 --> 00:23:41,439 Speaker 6: She writes to demand that collegees ignore race in today's 361 00:23:41,440 --> 00:23:45,320 Speaker 6: admissions practices and thus disregard the fact that racial disparities 362 00:23:45,640 --> 00:23:48,879 Speaker 6: may have mattered for where some applicants find themselves today. 363 00:23:49,160 --> 00:23:51,080 Speaker 6: Is not only an affront to the dignity of those 364 00:23:51,119 --> 00:23:55,440 Speaker 6: students for whom race matters, it also condemns our society 365 00:23:55,520 --> 00:23:58,800 Speaker 6: to never escape the past that explains how and why 366 00:23:58,880 --> 00:24:02,800 Speaker 6: race matters, to the very concept of whom merits admission. That, 367 00:24:02,920 --> 00:24:05,320 Speaker 6: combined with the justices writing that there should be an 368 00:24:05,480 --> 00:24:10,080 Speaker 6: end date to these policies those that survive, reminds me 369 00:24:10,119 --> 00:24:12,720 Speaker 6: of the Voting Rights Decision twenty thirteen, which is to 370 00:24:12,760 --> 00:24:16,119 Speaker 6: assume that at some point society will magically become race neutral, 371 00:24:17,119 --> 00:24:17,960 Speaker 6: which doesn't happen. 372 00:24:19,960 --> 00:24:24,600 Speaker 7: So this opens up your question. Andrea opens up the 373 00:24:25,160 --> 00:24:29,560 Speaker 7: two different philosophies that are reflected in the Roberts and 374 00:24:29,800 --> 00:24:34,160 Speaker 7: other conservative justices views about how to think about race 375 00:24:34,359 --> 00:24:40,239 Speaker 7: in America and that of Justices Jackson and Sodamayer and 376 00:24:40,400 --> 00:24:46,879 Speaker 7: formerly of Justice Ginsburg to Justice Roberts and the others 377 00:24:46,880 --> 00:24:50,399 Speaker 7: who joined him. Brown versus Board of Education was a 378 00:24:50,440 --> 00:24:55,959 Speaker 7: great moment in American history, declaring that the fourteenth Amendment 379 00:24:56,160 --> 00:24:59,679 Speaker 7: required equal protection and not separate but equal schooling and 380 00:24:59,720 --> 00:25:03,560 Speaker 7: other programs in the United States and set off the 381 00:25:03,600 --> 00:25:08,360 Speaker 7: Civil Rights era. That was a great moment, but that 382 00:25:08,520 --> 00:25:14,800 Speaker 7: was only about stopping racial discrimination. Any kind of effort 383 00:25:15,200 --> 00:25:20,480 Speaker 7: to overcome the effects of racial discrimination are not allowed 384 00:25:20,600 --> 00:25:25,439 Speaker 7: in history. To Justices Jackson and Sodamayer, this is and 385 00:25:25,640 --> 00:25:29,240 Speaker 7: Thurgood Marshall in the Baki case, this is wrong. Thanking 386 00:25:30,040 --> 00:25:34,760 Speaker 7: that we've had several hundred years of discrimination against African 387 00:25:34,800 --> 00:25:39,320 Speaker 7: Americans in particular, and we must as a society find 388 00:25:39,400 --> 00:25:42,160 Speaker 7: means to try to correct for that because they're ongoing. 389 00:25:42,280 --> 00:25:47,359 Speaker 7: They haven't stopped, and affirmative action in higher education began 390 00:25:47,800 --> 00:25:51,600 Speaker 7: exactly for that reason in the nineteen seventies, all across 391 00:25:51,640 --> 00:25:55,800 Speaker 7: the country, every selective university tried to become more diverse 392 00:25:56,720 --> 00:25:59,160 Speaker 7: as part of an effort in the country to grapple 393 00:25:59,560 --> 00:26:03,560 Speaker 7: with the h history and ongoing effects of discrimination. In 394 00:26:03,600 --> 00:26:07,960 Speaker 7: the Baky case, universities were told by Justice pal you 395 00:26:08,240 --> 00:26:13,120 Speaker 7: cannot talk in those terms, and ever since then universities 396 00:26:13,160 --> 00:26:15,879 Speaker 7: have been limited in how they could think about affirmative 397 00:26:15,920 --> 00:26:20,479 Speaker 7: action to just the diversity rationale, not to the racial 398 00:26:20,760 --> 00:26:28,240 Speaker 7: justice rationale. So Justice Jackson and Sodamayer our right to 399 00:26:28,359 --> 00:26:33,280 Speaker 7: say the only way to think about this sensibly is 400 00:26:33,320 --> 00:26:36,600 Speaker 7: to put it in the context of a history of 401 00:26:36,720 --> 00:26:42,199 Speaker 7: racial discrimination that continues to this day and requires the 402 00:26:42,280 --> 00:26:46,159 Speaker 7: work of universities and other institutions to try to overcome it. 403 00:26:46,520 --> 00:26:53,640 Speaker 7: Affirmative action has been that. So that's a fundamental difference 404 00:26:53,800 --> 00:26:56,400 Speaker 7: in the ways in which we talk about affirmative action 405 00:26:56,960 --> 00:26:59,040 Speaker 7: reflected in these opinions. 406 00:27:01,040 --> 00:27:05,400 Speaker 6: President Lee Volunteer of Columbia University, a leader for decades 407 00:27:05,440 --> 00:27:07,600 Speaker 6: and decades on this and so many other issues of 408 00:27:07,640 --> 00:27:08,400 Speaker 6: higher education. 409 00:27:08,720 --> 00:27:12,120 Speaker 1: It's real, I love it right, Columbia University. 410 00:27:12,160 --> 00:27:16,400 Speaker 2: We must find means to correct for several hundred years 411 00:27:16,440 --> 00:27:18,439 Speaker 2: of discrimination, and so therefore this is the way to 412 00:27:18,480 --> 00:27:20,040 Speaker 2: do it, So therefore we should just keep doing it, 413 00:27:20,080 --> 00:27:22,520 Speaker 2: and if it screws over other minorities, we don't care 414 00:27:22,880 --> 00:27:25,680 Speaker 2: because we give ourselves a hug that somehow we've done 415 00:27:25,680 --> 00:27:29,800 Speaker 2: it right. Paul Butler on affirmative action. Our country is 416 00:27:30,280 --> 00:27:33,479 Speaker 2: at great risk of returning to quote the old days. 417 00:27:35,040 --> 00:27:38,800 Speaker 2: I'm taking the case personally. He goes on to say. 418 00:27:38,680 --> 00:27:40,280 Speaker 4: I was really struck at the end of our last 419 00:27:40,320 --> 00:27:43,440 Speaker 4: hour in that conversation between Andrew Mitchell and Jonathan cape Hart. 420 00:27:43,440 --> 00:27:45,639 Speaker 4: And you wrote an op ed in the Washington Post 421 00:27:45,680 --> 00:27:49,280 Speaker 4: about affirmative action in twenty twenty two, and you write 422 00:27:49,359 --> 00:27:51,679 Speaker 4: you got into Yale University and then Harvard Law School 423 00:27:51,720 --> 00:27:55,119 Speaker 4: because of affirmative action. I mean big picture here, What 424 00:27:55,359 --> 00:27:57,919 Speaker 4: is the impact that you think this will have on students? 425 00:27:59,200 --> 00:28:03,800 Speaker 3: So we know the dramatic and negative impact this will 426 00:28:03,800 --> 00:28:07,199 Speaker 3: have based on the nited states that have already outlawed 427 00:28:07,280 --> 00:28:15,159 Speaker 3: diversity in college admissions. In UCLA, California's elite school, the 428 00:28:15,280 --> 00:28:19,840 Speaker 3: enrollment of black and Latin X students declined dramatically. There 429 00:28:19,920 --> 00:28:23,199 Speaker 3: was a brief submitted by universities in this case that 430 00:28:23,240 --> 00:28:26,040 Speaker 3: suggests that the number of black students of these schools 431 00:28:26,160 --> 00:28:29,959 Speaker 3: is going to go down to two percent. And yes, Lindsey, 432 00:28:30,000 --> 00:28:32,880 Speaker 3: I'm taking this case personally. As a black man who 433 00:28:32,920 --> 00:28:37,240 Speaker 3: graduated with honors from Harvard after being admitted through its 434 00:28:37,240 --> 00:28:41,160 Speaker 3: affirmative action process, I was as qualified as idiot of 435 00:28:41,160 --> 00:28:46,360 Speaker 3: mine excellent colleagues. But the reality is that before affirmative action, 436 00:28:46,840 --> 00:28:51,200 Speaker 3: black people, Latin X people, Native people, we weren't present 437 00:28:51,440 --> 00:28:55,400 Speaker 3: at these selective institutions, even though we could do the 438 00:28:55,560 --> 00:28:59,680 Speaker 3: work as well as anybody. And now that their courts 439 00:28:59,760 --> 00:29:04,360 Speaker 3: in effect overturn one of the most successful racial justice 440 00:29:04,400 --> 00:29:07,960 Speaker 3: policies of all time, our country is at great risk 441 00:29:08,040 --> 00:29:12,520 Speaker 3: of returning to those old days when black and Latin 442 00:29:12,680 --> 00:29:15,960 Speaker 3: X and Native folks, the people who built this country, 443 00:29:16,320 --> 00:29:20,000 Speaker 3: are shut out of the opportunity to learn at some 444 00:29:20,040 --> 00:29:21,760 Speaker 3: of our country's best colleges. 445 00:29:24,240 --> 00:29:28,640 Speaker 2: Okay, so he gets in, and he says, I got 446 00:29:28,680 --> 00:29:30,680 Speaker 2: in only because of race, but it was worth it. 447 00:29:30,720 --> 00:29:33,960 Speaker 2: And the question is, Okay, then who got screwed over? 448 00:29:35,360 --> 00:29:38,960 Speaker 2: Who didn't get in that worked extremely hard because they 449 00:29:38,960 --> 00:29:42,160 Speaker 2: had the wrong color of skin. Now I'm glad that 450 00:29:42,200 --> 00:29:44,760 Speaker 2: he got in. Okay, I'm glad that everybody gets in, 451 00:29:44,760 --> 00:29:48,280 Speaker 2: but you shouldn't kick other people out just to meet 452 00:29:48,280 --> 00:29:51,720 Speaker 2: a quota. And that's exactly what the Supreme Court said today. 453 00:29:51,760 --> 00:29:52,600 Speaker 1: You can't do this. 454 00:29:53,480 --> 00:29:56,560 Speaker 2: You can't discriminate against other people based on the color 455 00:29:56,560 --> 00:29:59,440 Speaker 2: of their skin while claiming that this is good for 456 00:29:59,520 --> 00:30:04,320 Speaker 2: the country on the issue of discrimination. Right, one person 457 00:30:04,440 --> 00:30:06,680 Speaker 2: can't get discriminated again so that you can act like 458 00:30:06,720 --> 00:30:09,360 Speaker 2: you're running the wrong from what happened in the past 459 00:30:09,400 --> 00:30:13,600 Speaker 2: to another person. That's not our country and our constitution, 460 00:30:13,880 --> 00:30:17,920 Speaker 2: our quote color blind. That is exactly what Clarence Thomas said, 461 00:30:18,240 --> 00:30:21,600 Speaker 2: and that's exactly what is right in this country. This 462 00:30:21,680 --> 00:30:23,800 Speaker 2: is going to be a big day for fairness and 463 00:30:23,880 --> 00:30:27,600 Speaker 2: moving on. And this is also going to be phenomenal 464 00:30:28,600 --> 00:30:31,120 Speaker 2: for people that get into these institutions based on their 465 00:30:31,480 --> 00:30:33,920 Speaker 2: merit and not have to worry that they're being undermine 466 00:30:34,000 --> 00:30:36,400 Speaker 2: or whispered about. Well, are they really here because they 467 00:30:36,480 --> 00:30:38,520 Speaker 2: deserve to be here. They get here because they got 468 00:30:38,560 --> 00:30:40,800 Speaker 2: in because of the color of their skin. This is 469 00:30:40,880 --> 00:30:44,880 Speaker 2: going to fix problems and it's a fabulous thing. 470 00:30:46,040 --> 00:30:46,640 Speaker 1: Don't forget. 471 00:30:47,200 --> 00:30:49,719 Speaker 2: Share this podcast with your family and your friends, and 472 00:30:49,760 --> 00:30:51,440 Speaker 2: I will see you back here tomorrow.