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Affirmative Action and the 14th Amendment

Live at the National Constitution Center

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The 14th Amendment and Forbidding Affirmative Action

Students for fair admission now seeks to turn Brown on its head involving that, invoking that seminal ruling. Jinheen: One of the reasons why the Brown decision was so transformative is because it really viewed the nature of inequality under the 14th Amendment as something that in connection with the subordination of black people. Elan: I think they didn't grapple with the question of which is it that they wanted to be separate? It's not just whether technically or if there's some sort of abstract way, one can say that one's equal under the law.

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