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Affirmative Action and the 14th Amendment
Live at the National Constitution Center
Is the Harvard Affirmative Action Program Consistent With the 14th Amendment?
Jeffrey Toobin: Is the Harvard affirmative action program consistent with the 14th Amendment or not? And I'm going to decline to answer the question for the reason that I was asked actually to write a brief. So having said that, why is this the view that I'm taking? Why is it probably inconsistent with the Constitution? Again, depending on the particular program, that's an issue. As you know, I consider myself an originalist,. We could get into that another type perhaps.
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