1 00:00:01,280 --> 00:00:03,600 Speaker 1: My name is Lily Maddon and I'm a proud Arunda 2 00:00:03,800 --> 00:00:08,600 Speaker 1: Bunjelung Calcoltin woman from Gadighl Country. The Daily oz acknowledges 3 00:00:08,680 --> 00:00:10,880 Speaker 1: that this podcast is recorded on the lands of the 4 00:00:10,880 --> 00:00:14,440 Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres 5 00:00:14,440 --> 00:00:17,360 Speaker 1: Straight island and nations. We pay our respects to the 6 00:00:17,400 --> 00:00:20,160 Speaker 1: first peoples of these countries, both past and present. 7 00:00:25,840 --> 00:00:28,159 Speaker 2: Good morning and welcome to the Daily os. It is 8 00:00:28,200 --> 00:00:29,760 Speaker 2: somehow Monday, the third of July. 9 00:00:30,080 --> 00:00:31,160 Speaker 3: I'm zara, I'm sam. 10 00:00:31,320 --> 00:00:34,440 Speaker 2: The US Supreme Court decision means that universities in the 11 00:00:34,560 --> 00:00:37,279 Speaker 2: US will no longer be able to consider race when 12 00:00:37,320 --> 00:00:38,760 Speaker 2: selecting prospective students. 13 00:00:38,840 --> 00:00:43,200 Speaker 4: The Supreme Court has struck down race based admissions policies 14 00:00:43,280 --> 00:00:46,800 Speaker 4: in colleges as unconstitutional. 15 00:00:46,080 --> 00:00:49,800 Speaker 2: Land marquees, so, returning nearly fifty years of precedent, the 16 00:00:49,920 --> 00:00:54,000 Speaker 2: latest example of the conservative majority redefining American law. This 17 00:00:54,080 --> 00:00:57,360 Speaker 2: means many colleges will have to change their admissions process 18 00:00:57,440 --> 00:01:00,920 Speaker 2: and move away from affirmative action. So how did this 19 00:01:00,960 --> 00:01:03,880 Speaker 2: all happen and what will the consequences be for racial 20 00:01:03,880 --> 00:01:06,560 Speaker 2: minorities in the US. We're going to let you know. 21 00:01:06,640 --> 00:01:09,560 Speaker 2: In today's Deep Dive, but first sam what is making 22 00:01:09,560 --> 00:01:16,200 Speaker 2: headlines this morning. 23 00:01:18,600 --> 00:01:21,920 Speaker 3: Protests in France have continued over the weekend in response 24 00:01:21,920 --> 00:01:25,920 Speaker 3: to the fatal police shooting of a teenager. France's Justice 25 00:01:26,000 --> 00:01:28,920 Speaker 3: minister confirmed thousands of people have been arrested over the 26 00:01:29,040 --> 00:01:31,959 Speaker 3: last five days, mostly in relation to the destruction of 27 00:01:32,040 --> 00:01:36,120 Speaker 3: property and vehicles. Prime Minister Emmanuel Macron has canceled a 28 00:01:36,120 --> 00:01:39,200 Speaker 3: state visit to Germany to oversee the crisis response. 29 00:01:42,480 --> 00:01:46,840 Speaker 2: Virgin Galactic has safely landed its first commercial flight. Passengers 30 00:01:46,880 --> 00:01:49,920 Speaker 2: experienced a few minutes of weightlessness as they were taken 31 00:01:49,960 --> 00:01:52,840 Speaker 2: to the edge of space. The flight above the US 32 00:01:52,960 --> 00:01:56,160 Speaker 2: lasted seventy two minutes. A commercial flight for the Virgin 33 00:01:56,200 --> 00:01:58,840 Speaker 2: Galactic has been in the works since two thousand and four, 34 00:01:58,960 --> 00:02:02,280 Speaker 2: and the company's next scheduled spaceflight is planned for August. 35 00:02:05,400 --> 00:02:08,680 Speaker 3: The King of the Netherlands, King Willem Alexander, has delivered 36 00:02:08,680 --> 00:02:12,200 Speaker 3: an official apology for his country's history of slavery, calling 37 00:02:12,240 --> 00:02:15,639 Speaker 3: it a horror. About six hundred thousand people were believed 38 00:02:15,680 --> 00:02:18,680 Speaker 3: to have been trafficked by Dutch slave traders, mostly in 39 00:02:18,680 --> 00:02:22,000 Speaker 3: the seventeenth and eighteenth centuries. In the speech, the King 40 00:02:22,080 --> 00:02:25,680 Speaker 3: declared previous monarchs quotes took no steps against slavery and 41 00:02:25,760 --> 00:02:29,160 Speaker 3: asked for forgiveness for the crystal clear lack of action. 42 00:02:31,480 --> 00:02:34,280 Speaker 2: And the good news. New Zealand has banned thin plastic 43 00:02:34,320 --> 00:02:37,400 Speaker 2: bags for fruit and veggies across the country. The band 44 00:02:37,480 --> 00:02:40,400 Speaker 2: was formalized last year, but came into effect on Saturday. 45 00:02:40,840 --> 00:02:43,560 Speaker 2: Plastic sticker labels for fruits and veggies will also be 46 00:02:43,560 --> 00:02:49,480 Speaker 2: phased out. The U s. Supreme Court has ruled that 47 00:02:49,600 --> 00:02:54,480 Speaker 2: universities can't directly consider race in their selection processes. The 48 00:02:54,560 --> 00:02:58,000 Speaker 2: decision restricts the ability of universities to pursue what's called 49 00:02:58,040 --> 00:03:01,760 Speaker 2: affirmative action to boost representation of racial minorities. 50 00:03:01,960 --> 00:03:04,640 Speaker 3: I feel like affirmative action is one of those words 51 00:03:04,680 --> 00:03:06,919 Speaker 3: that's thrown around the news, but we don't actually take 52 00:03:06,960 --> 00:03:10,359 Speaker 3: the time to think about what it is. What is it? 53 00:03:10,800 --> 00:03:14,600 Speaker 2: So affirmative action is basically a way of trying to 54 00:03:14,760 --> 00:03:19,160 Speaker 2: correct historical prejudice. And the way that affirmative action goes 55 00:03:19,160 --> 00:03:23,079 Speaker 2: about it is by actively taking diversity into account when 56 00:03:23,120 --> 00:03:27,160 Speaker 2: looking at applications. So in this instance, for universities got it. 57 00:03:27,600 --> 00:03:31,360 Speaker 2: So this started in the nineteen seventies when the Supreme 58 00:03:31,400 --> 00:03:34,440 Speaker 2: Court ruled that colleges could use race as a factor 59 00:03:34,480 --> 00:03:38,680 Speaker 2: when considering applications to universities. So this idea that in 60 00:03:38,720 --> 00:03:41,600 Speaker 2: the past, certain minority groups hadn't been able to access 61 00:03:41,720 --> 00:03:45,280 Speaker 2: universities to the same degree as perhaps their white counterparts had, 62 00:03:45,720 --> 00:03:48,040 Speaker 2: and there was then a recognition that race should play 63 00:03:48,080 --> 00:03:51,920 Speaker 2: a role in applications. So it's not necessarily that race 64 00:03:52,120 --> 00:03:55,440 Speaker 2: would per se be the determining factor or the only 65 00:03:55,520 --> 00:03:59,160 Speaker 2: factor that allowed someone entry into university, but it basically 66 00:03:59,240 --> 00:04:04,040 Speaker 2: meant that those people assessing applications could consider race during. 67 00:04:03,760 --> 00:04:05,520 Speaker 3: These process as one factor exactly. 68 00:04:06,040 --> 00:04:10,680 Speaker 2: So this story specifically focuses on two universities who use 69 00:04:10,800 --> 00:04:15,440 Speaker 2: affirmative action processes. That's Harvard, heard of that one and 70 00:04:15,600 --> 00:04:17,680 Speaker 2: the University of North Carolina, all. 71 00:04:17,680 --> 00:04:20,039 Speaker 3: Right, and what's happened with those two institutions. 72 00:04:20,480 --> 00:04:24,000 Speaker 2: So the Supreme Court was considering two cases that challenged 73 00:04:24,040 --> 00:04:27,400 Speaker 2: the legality of admissions processes at these two unis at 74 00:04:27,440 --> 00:04:31,200 Speaker 2: Harvard and the University of North Carolina, and their affirmative 75 00:04:31,200 --> 00:04:34,960 Speaker 2: action practices were challenged on the basis that students were 76 00:04:35,080 --> 00:04:39,440 Speaker 2: arguing it was unconstitutional because it was basically, in their eyes, 77 00:04:39,600 --> 00:04:40,480 Speaker 2: racial discrimination. 78 00:04:40,880 --> 00:04:42,919 Speaker 3: So Zira, what were the grounds of the case. 79 00:04:43,000 --> 00:04:46,200 Speaker 2: Well, basically, the case depended on how to interpret the 80 00:04:46,240 --> 00:04:50,560 Speaker 2: fourteenth Amendment of the Constitution. So this specific amendment, the 81 00:04:50,600 --> 00:04:55,200 Speaker 2: fourteenth one, was added after the abolition of slavery, and 82 00:04:55,240 --> 00:04:58,760 Speaker 2: it gave US citizens the right to equal protection under 83 00:04:58,800 --> 00:05:02,720 Speaker 2: the law. That's a direct quote. It was explicitly added 84 00:05:02,760 --> 00:05:07,000 Speaker 2: to address racial discrimination against former slaves. So the question 85 00:05:07,120 --> 00:05:11,680 Speaker 2: is then whether this racial discrimination point, the equal protection point, 86 00:05:11,880 --> 00:05:15,640 Speaker 2: should apply equally to everyone or specifically be used to 87 00:05:15,720 --> 00:05:21,479 Speaker 2: allow will say positive discrimination to counteract racial inequality. Since 88 00:05:21,680 --> 00:05:24,880 Speaker 2: nineteen seventy eight, the Supreme Court has effectively held the 89 00:05:24,960 --> 00:05:28,719 Speaker 2: latter view, which created a precedent and allowed affirmative action. 90 00:05:28,880 --> 00:05:30,960 Speaker 3: And that's what's been to play in a number of 91 00:05:31,040 --> 00:05:34,840 Speaker 3: US universities. But that's now changed. Did we hear anything 92 00:05:35,000 --> 00:05:37,960 Speaker 3: from the Supreme Court justices about how they came to 93 00:05:38,000 --> 00:05:38,799 Speaker 3: this new decision. 94 00:05:39,040 --> 00:05:41,520 Speaker 2: So it was a six ' to three decision. Six 95 00:05:41,600 --> 00:05:45,200 Speaker 2: judges voted in favor, three against, and that means that 96 00:05:45,200 --> 00:05:49,120 Speaker 2: the court overturned the view and declared that university's affirmative 97 00:05:49,160 --> 00:05:54,360 Speaker 2: action policies were unconstitutional. In terms of explaining their position, 98 00:05:54,640 --> 00:05:57,919 Speaker 2: the majority of justices argued that while race could be 99 00:05:58,000 --> 00:06:01,080 Speaker 2: considered if it was tied to a student's quality of character. 100 00:06:01,920 --> 00:06:06,360 Speaker 2: Policies could not allow quote stereotyping and could never treat 101 00:06:06,480 --> 00:06:10,000 Speaker 2: race as a quote negative factor. And so what these 102 00:06:10,080 --> 00:06:14,520 Speaker 2: Supreme Court justices were arguing was that by positively viewing 103 00:06:14,839 --> 00:06:18,680 Speaker 2: some races i e. It was helpful in a person's application, 104 00:06:19,279 --> 00:06:22,080 Speaker 2: it ultimately meant that other races had the opposite effect, 105 00:06:22,480 --> 00:06:25,160 Speaker 2: and that if it was seen as a positive contributing 106 00:06:25,160 --> 00:06:28,680 Speaker 2: factor in some applications, inevitably it would mean the opposite 107 00:06:28,720 --> 00:06:31,560 Speaker 2: in other applications. And so I'll read out a quote 108 00:06:31,560 --> 00:06:35,080 Speaker 2: of what the Court's decision said. It said, many universities have, 109 00:06:35,240 --> 00:06:38,320 Speaker 2: for too long wrongly concluded that the touchstone of an 110 00:06:38,360 --> 00:06:43,680 Speaker 2: individual's identity is not challenges bested, skills built, or lessons learned, 111 00:06:43,760 --> 00:06:47,920 Speaker 2: but the color of their skin. This nation's constitutional history 112 00:06:47,960 --> 00:06:49,800 Speaker 2: does not tolerate that choice. 113 00:06:50,040 --> 00:06:52,839 Speaker 3: So it's important to note the current makeup of the 114 00:06:52,880 --> 00:06:56,480 Speaker 3: Supreme Court. We have a majority conservative leaning Supreme Court. 115 00:06:57,279 --> 00:07:00,360 Speaker 3: What did the three justices who opposed the decisions. 116 00:07:00,360 --> 00:07:02,880 Speaker 2: Well, we had some very strong statements from them. We 117 00:07:02,960 --> 00:07:06,279 Speaker 2: had Justice Sonya Sotomayor who said that it had undone 118 00:07:06,360 --> 00:07:10,640 Speaker 2: decades of precedent and momentous progress. She argued the purpose 119 00:07:10,680 --> 00:07:14,440 Speaker 2: of equal protection was to address racial inequality and that 120 00:07:14,520 --> 00:07:18,400 Speaker 2: this inequality still exists, and pointed to racial disparities in 121 00:07:18,440 --> 00:07:22,360 Speaker 2: poverty and educational outcomes to prove her point. She called 122 00:07:22,360 --> 00:07:25,680 Speaker 2: the US quote a segregated society where race has always 123 00:07:25,680 --> 00:07:30,560 Speaker 2: mattered and continues to matter. Equality requires acknowledgment of inequality. 124 00:07:31,040 --> 00:07:34,400 Speaker 2: Fairly strong statement there. There was also President Joe Biden 125 00:07:34,440 --> 00:07:36,800 Speaker 2: who spoke out against the ruling. He is, of course 126 00:07:36,880 --> 00:07:40,840 Speaker 2: a Democrat, and the majority of the Supreme Court justices 127 00:07:40,880 --> 00:07:45,400 Speaker 2: have been appointed by Republicans. He strongly disagrees with the 128 00:07:45,480 --> 00:07:46,960 Speaker 2: decision because the truth is. 129 00:07:47,000 --> 00:07:52,680 Speaker 4: We all know it. Discrimination still exists in America. Discrimination 130 00:07:52,880 --> 00:07:57,000 Speaker 4: still exists to America. Today's decision does not change that. 131 00:07:57,640 --> 00:08:01,520 Speaker 4: It's a simple fact I A student had has overcome 132 00:08:01,600 --> 00:08:06,600 Speaker 4: had to overcome adversity under path education. Collet should recognize. 133 00:08:06,120 --> 00:08:09,000 Speaker 3: And value there. We obviously spend a lot of time 134 00:08:09,000 --> 00:08:12,280 Speaker 3: in the media talking about racial inequality in the US, 135 00:08:12,680 --> 00:08:15,000 Speaker 3: but it's also an important discussion to have in an 136 00:08:15,040 --> 00:08:19,280 Speaker 3: Australian context. How does affirmative action play out here at home? 137 00:08:20,040 --> 00:08:24,160 Speaker 2: So Australian law allows affirmative action and other forms of 138 00:08:24,240 --> 00:08:28,960 Speaker 2: what we'll call positive discrimination in some circumstances. According to 139 00:08:29,080 --> 00:08:32,679 Speaker 2: the Australian Human Rights Commission, discrimination is permitted if its 140 00:08:32,720 --> 00:08:36,120 Speaker 2: aim is to quote foster greater inequality by supporting groups 141 00:08:36,160 --> 00:08:40,640 Speaker 2: of people who face or have faced entrench discrimination. So, 142 00:08:40,840 --> 00:08:44,000 Speaker 2: according to them, this may include, but isn't limited to, 143 00:08:44,080 --> 00:08:48,520 Speaker 2: things like race, sex, sexual orientation, and gender identity. I 144 00:08:48,520 --> 00:08:51,920 Speaker 2: think the last thing I'll say is that it we're 145 00:08:51,920 --> 00:08:55,000 Speaker 2: certainly living through a period where we have seen many 146 00:08:55,200 --> 00:08:59,040 Speaker 2: momentous Supreme Court decisions that are overturning precedents that have 147 00:08:59,080 --> 00:09:02,040 Speaker 2: been in place for a number of decades. I mean, 148 00:09:02,040 --> 00:09:04,439 Speaker 2: we just marked the one year anniversary of Roe v. 149 00:09:04,559 --> 00:09:07,400 Speaker 2: Wade being overturned by the Supreme Court, and here we 150 00:09:07,480 --> 00:09:11,559 Speaker 2: have another really monumental shift in policy in the US. 151 00:09:11,600 --> 00:09:13,480 Speaker 2: It's a fascinating time to watch. 152 00:09:19,480 --> 00:09:21,960 Speaker 3: Thank you for joining us on the Daily OS this morning. 153 00:09:22,240 --> 00:09:24,880 Speaker 3: If you learned something from today's episode, don't forget to 154 00:09:24,960 --> 00:09:27,640 Speaker 3: hit subscribe, so there's a TDA episode waiting for you 155 00:09:27,720 --> 00:09:30,720 Speaker 3: every morning. We'll be back again tomorrow. Until then, have 156 00:09:30,800 --> 00:09:36,640 Speaker 3: a great day.