Amicus With Dahlia Lithwick | Law, justice, and the courts “Color-Blind” Admissions Continue to Hurt Us
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Sep 27, 2025 Justin Driver, a Yale Law School professor and author of 'The Fall of Affirmative Action,' dives into the Supreme Court's recent decision on affirmative action and its profound repercussions on higher education. He emphasizes how this ruling has led to significant drops in Black enrollment at elite colleges. Driver also discusses the polarized nature of affirmative action, the implications of Chief Justice Roberts' rationale, and suggests practical race-neutral strategies for maintaining diversity on campuses. His insights challenge both critics and supporters of current policies.
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Indictment Lacks Factual Support
- The Comey indictment rests on flimsy factual grounds and misreads the record of investigations.
- Inspector General Horowitz found Comey's account far more credible than McCabe's, undermining the perjury theory.
Prosecution Fueled By Political Interference
- The Comey prosecution was driven by political interference from the top, not regular DOJ process.
- Trump installed Lindsey Halligan to bring charges after career prosecutors refused, showing direct presidential politicization.
Use Selective Prosecution Defense
- Comey can pursue a selective prosecution defense using the public record of partisan pressure.
- He should highlight similarly situated figures who faced no charges to prove discriminatory targeting.
