Divided Argument

Proust or Plato

Oct 3, 2025
Justin Driver, a Yale Law professor and author of *The Fall of Affirmative Action*, dives into pressing issues surrounding higher education and race. He discusses the implications of the Supreme Court's decision on affirmative action, presenting both conservative critiques and their counterarguments. Driver highlights how admissions policies shape students' belonging and explores the nuances of evaluating race-related essays. The conversation also covers the historical context of elite hiring and the future of diversity in law clerks, sparking thought-provoking insights on systemic change.
Ask episode
AI Snips
Chapters
Books
Transcript
Episode notes
INSIGHT

SFFA's Immediate Consequences

  • Justin Driver argues SFFA caused sharp Black enrollment drops at elite universities, calling it a potential lost generation.
  • He views affirmative action as transformative like the GI Bill and offers concrete solutions to counter declines.
ADVICE

Reject Defiance, Seek Legal Paths

  • Do not advise universities to defy the Supreme Court; Driver rejects 'team defiance' of SFFA.
  • He urges working within legal constraints to pursue race-conscious goals lawfully.
INSIGHT

Essay Carve-Out Changes Incentives

  • Conservatives critique affirmative action for fostering victimhood and encouraging race-focused essays.
  • Driver warns SFFA's essay carve-out incentivizes applicants to emphasize racial hardship over other interests.
Get the Snipd Podcast app to discover more snips from this episode
Get the app