Honestly with Bari Weiss

Affirmative Action, Gay Rights, and Free Speech: What The Supreme Court's Rulings Mean for America

15 snips
Jul 7, 2023
Harry Litman, an attorney and former Supreme Court clerk, Jeannie Suk Gersen, a Harvard Law professor, and Sarah Isgur, a columnist and former Justice Department spokeswoman, explore recent Supreme Court rulings. They discuss the controversial end of affirmative action in college admissions and a decision allowing discrimination against same-sex couples under the guise of free speech. The conversation raises critical questions about civil rights, the Constitution's interpretation, and the widening political divide in America.
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ANECDOTE

Harvard's Discrimination Against Asians

  • Jeannie Suk Gersen observed Harvard's discriminatory practices against Asian Americans during the affirmative action trial.
  • She noted discrepancies in recruitment letters and overall ratings, despite Asians excelling in other areas.
INSIGHT

Two Claims in One

  • The debate around affirmative action confounds two distinct claims: discrimination against Asian Americans and the policy's overall fairness.
  • Jeannie Suk Gersen argues these are separate issues; Asians can face discrimination while supporting affirmative action.
INSIGHT

Unintended Consequences

  • Jeannie Suk Gersen suggests the affirmative action ruling could worsen the situation for Asian American applicants.
  • Eliminating race as a factor might force schools to de-emphasize criteria where Asians excel, like standardized tests.
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