Stay Tuned with Preet The Rise, Rationale, and Reversal of Affirmative Action
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Oct 9, 2025 Justin Driver, a Yale Law professor and constitutional scholar, dives into the Supreme Court's landmark ruling on affirmative action in higher education. He explores the historical evolution of race-conscious admissions, discussing the shift from remediation to diversity as a legal justification. Justin also critiques the potential consequences of the ruling, including fears of reduced Black representation and its impact on privilege in college admissions. He offers insights on alternatives for maintaining diversity, all while reflecting on his father's sacrifices in the pursuit of opportunity.
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Affirmative Action's Transformative Effect
- Affirmative action dramatically increased Black enrollment at elite colleges in the 1960s and 1970s.
- That expansion reshaped professional pipelines and American institutions for decades.
Bakke Recast The Rationale
- The Supreme Court's early ruling reframed affirmative action as justified primarily by diversity, not remediation.
- That legal framing softened moral remediation claims and changed institutional messaging.
Johnson Framed Outcome-Oriented Equality
- Lyndon Johnson emphasized equality of result as well as opportunity, linking outcomes to cumulative social forces.
- That framing underpins modern efforts like the Opportunity Atlas to target place-based disadvantage.
