The podcast discusses the Students for Fair Admissions v. Harvard case, exploring topics such as race and admissions at Harvard and UNC, the true heirs of Thurgood Marshall, the creation of the Freedmen's Bureau, Justice Clarence Thomas's misinterpretation of the 14th Amendment, analyzing the Gorsuch and Kavanaugh concurrences, dissents on affirmative action and racial inequality, and the work of making the world a better place.
Affirmative action is a necessary response to the long history of discrimination in the United States.
Justice Sotomayor critiques the majority's attempt to claim the mantle of Thurgood Marshall and argues that Marshall fought for true equal opportunity.
The podcast exposes the flawed reasoning behind the argument that the 14th Amendment was colorblind and emphasizes the need to address systemic racism through measures like affirmative action.
Deep dives
History of discrimination and the unfairness of affirmative action
Patentji Brown Jackson's dissent highlights the long history of discrimination in the United States, from slavery to segregation and systemic racism. She argues that affirmative action is a necessary response to this history and that claims of unfairness are unfounded.
The revisionist history and colorblindness argument
Justice Sotomayor's dissent critiques the majority's attempt to claim the mantle of Thurgood Marshall and exposes it as revisionist history. She argues that Marshall fought for true equal opportunity, not just empty rhetoric about colorblindness.
Creating and maintaining a segregated society
Sotomayor points out that efforts have been made over the years to recreate de facto segregation and maintain an unequal society. The limited use of race in college admissions helps to equalize opportunity and increase representation of underrepresented minorities on campus, which challenges the efforts to maintain segregation.
The Flawed Originalist Argument Against Affirmative Action
The podcast episode discusses how the equal protection clause, which prohibits racial discrimination, actually passed laws that benefited black people, such as the Freedmen's Bureau. The host criticizes the originalist argument against affirmative action, pointing out that terms like 'freedmen' may be race neutral, but are actually all-black categories. The podcast exposes the flawed reasoning behind the argument that the 14th Amendment was colorblind and didn't want racial categories in the Constitution. It highlights how this argument ignores the historical context of racial discrimination and the need for equal protection for formerly enslaved individuals.
The Misguided Claims of Opposing Affirmative Action
The podcast episode delves into the misguided claims made by Justice Thomas and conservative opposition to affirmative action. It criticizes Thomas' flawed reasoning, such as equating affinity groups with segregation and questioning the motives of colleges and universities practicing affirmative action. The episode exposes the fallacy of arguing that diversity and racial considerations are not important or should not be factors in remedying societal inequities. It emphasizes the need to address the systemic racism that has disadvantaged Black Americans and challenges the conservative narrative denying the importance of remedial measures like affirmative action.
The Supreme Court has overturned one of our nation's only proactive strategies for addressing its foundational sin. But what's worse, the most annoying guy on the cross country team just lost his last best excuse for why he didn't get into Harvard. Enjoy SUNY Binghamton, Bronckton!
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5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.
Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.
