The Supreme Court’s Injudicious Assault On Affirmative Action | MR LIVE 11/1/22

By | November 1, 2022

Fun Half Link:

With one week until the midterm elections, Sam and Emma break down the biggest headlines of the day. #podcast #news #majorityreport #politics #midterms

Become a member at JoinTheMajorityReport.com: 

Subscribe to the ESVN YouTube channel here: 

Subscribe to the AMQuickie newsletter here: 

Join the Majority Report Discord! 

Get all your MR merch at our store: 

Get the free Majority Report App!: 

Check out today’s sponsors:

Aura: Protect yourself from America’s fastest-growing crime. Try Aura for 14 days for free: 

Nutrafol: You don’t have to choose between better hair growth and your health. There’s a holistic solution for men that promotes both healthier hair and whole-body wellness: Nutrafol. Nutrafol is the #1 dermatologist-recommended hair growth supplement, clinically shown to improve your hair growth, thickness, and visible scalp coverage. You can grow thicker, healthier hair AND support our show by going to  and entering the promo code MAJORITY to save fifteen dollars off your first month’s subscription. This is their best offer ANYWHERE and it is only available to U S customers for a limited time. Plus, FREE shipping on EVERY order. Get FIFTEEN DOLLARS OFF at  promo code MAJORITY.

Follow the Majority Report crew on Twitter:

@SamSeder

@EmmaVigeland

@MattBinder

@MattLech

@BF1nn

@BradKAlsop

Check out Philly DSA’s calendar here:

Check out Matt’s show, Left Reckoning, on Youtube, and subscribe on Patreon! 

Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. 

Check out Ava Raiza’s music here! 

The Majority Report with Sam Seder – 


[Music] Foreign [Music] Foreign [Music] [Music] Foreign [Music] Foreign [Music] [Music] [Music] [Music] Against the acquisition of unwarranted Influence whether sought or unsought by The military industrial complex the Majority reports with Sam Cedar [Applause] Being cheated [Laughter] It is Tuesday November 1st 2022 my name is Sam Cedar This is the five-time award-winning Majority report We are broadcasting live Steps From the industrially ravaged Gowanus canal in the heartland of America Downtown Brooklyn USA On the program today The Supreme Court primed to abolish race Conscious College admissions And more [Applause]

Also on the program today John Roberts Temporarily blocks Congress from seeing Donald Trump’s tax returns Arizona libertarian candidate drops out Endorses Blake Masters Not sure it’s going to make a difference And I should say as a Former potential Libertarian Presidential nominee I’m a little bit Disappointed let’s stick to our guns Folks and I weaknesses no pun intended I Mean Meanwhile key Governor races uh seem to Start to lean to the Republicans APAC once again attacking summer Lee And bolsonaro yet to come out of his Cave and concede Doj blocks book publishing merger Israeli election has the highest early Turnout of this century Good news grain ships continue to leave Ukraine Sliding by a supposed Russian embargo And Republican Republicans doubled down On their attacks on Nancy Pelosi For the attack on her husband [Music] All this and more On today’s majority report Welcome ladies and gentlemen thanks for Joining us I am I’ve got a little bit of A uh sugar hangover uh Emma vigland Um uh welcome today I I hope you’ll bear With me yeah no problem

Um you have the sugar hangover I have The sugar hangover uh because I just Tried to stop uh Saul from eating too Much candy which did not go well we both Ended up uh sick So there it is but uh Halloween is back Ladies and gentlemen although I gotta Say it did not seem as full-on last Night I don’t know if it was because the Impending rain or what but if I saw a Bunch of kids out when I was oh yeah I Know it was crowded it’s just I remember Like from like four years ago it was Like Mayhem and this seems less mayhemy feels Like of the holidays at the end of the Year Halloween got hit the hardest by covet I Would say yeah yeah I think that’s true Um And uh but uh well I was going to say We’ll talk more about that but we won’t Okay well anyway Halloween sounds like a Total nightmare for your uh inability to Stop eating chocolate once you start uh It’s a real problem uh my I don’t I Really don’t have an ability to stop Eating candy and um you remember those Not not things yeah of course I do I Remember every piece of candy I’ve ever Eaten that I hid under my desk the only Thing I can remember not successful at Because yeah what happened to them oh You ate them all probably I I think I

Actually took the home after that second Or third time there we go all right Let’s get into this Um What you know the we have seen the Evolution of the response To The I mean failed attack on Nancy Pelosi Successful I guess on her husband but The guy was there To uh attack Nancy Pelosi We have seen the evolution of the way That I don’t know Republicans conservatives I Mean there’s really fundamentally There’s no difference between any of These people whether they are Lawmakers or whether they’re you know YouTube guys or whatever it is It evolved from There’s something really strange about This story like not believing it to Creating a conspiracy uh Alternate Theory Which of course let’s be clear this is The way that almost every story that Does not immediately comport to what They want goes yeah Um I mean this was antifa did Gen 6 the Day the day that happened exactly And I mean that’s a a perfect example They will then sort of like contort the Facts to immediately and not even the Facts it’s just like pure speculation

Any like remote anomaly and just Immediately have it comport to their Vision of what this was going down It you know of course it wasn’t an Attack on Nancy Pelosi despite the fact That like literally We have the top fundraising Congress Person in the country Marjorie Taylor Green Giving speeches Saying that This is not exaggeration Nancy Pelosi Pelosi has committed treason The penalty for treason in this country Is death yeah not not uh not ambiguous At all no Carrie Lake was just uh joking About uh the attack on Paul Pelosi at Her own campaign event getting cheap Laughs saying Nancy Pelosi well she’s Got protection when she’s in DC Apparently her house doesn’t have a lot Of protection so they’re uh they’re Using this to rile at the base right and And so but the idea that like Nancy Pelosi could be attacked completely Impossible surely it must be that her Husband is having an affair with a uh Man and uh they got into a lover’s Quarrel and the the the hammer came out That of course is the much more Reasonable explanation and then when They realize like oh that that’s not Gonna actually uh you know at one point Somebody’s gonna figure that out but the Thing that they’ve understood now is

They understand that they can put out This information and because the nature Of Their audience is such that they only Get their information from one sort of Closed loop That all they need to do is introduce This into the bloodstream And if they spend no effort to sort of Like clean the bloodstream I don’t know What the perfect metaphor is for that Then it just continues to circulate Around I I guarantee you You could go to a trump rally in six to Eight months from now Interview people about what happened and They will tell you regardless of what Else comes out regardless of the guy Goes to prison regardless of anything They will start with that story that Will be this for Matt’s antifa example That was said on the first day oh it’s Probably antifa and it’s still we’re Still talking about it they just need to Have in a a barricade against facts Right away and they’ll stick with that Yeah coherence at every chance that they Can you know cut off a whole bunch of People into like Fantasyland yeah and Now it’s evolved into and then what Happens is They start with the sort of the uh You know this is I mean think about it In terms in terms of like Street coach Here and otica cheer right like the

Street coach here is in this instance is Uh there was he had a lover they had a Lover’s spat they’re trying to cover it Up Etc et cetera and then the oat Couture is that like I’ve now analyzed Uh this guy’s uh background and even Though He spent his whole you know like the the Past couple years like deep into Q Anon Stuff even though he’s been Um you know uh the media he’s consuming All is consistent with someone who is Convinced that uh Nancy Pelosi is the Devil and she needs to die I mean he’s Writing about hola hoax yeah I mean then Some of the oat couturists come in and They they sort of do some of the Backfilling well and they’re just Covering the spectrum of people who Consume this media And then you get The the I don’t know what the third Level of Couture is is that like you Know what We don’t even need an explanation let’s Just this guy’s a hero and here’s Charlie Kirk I mean I’m looking at politico.com I’m Looking at the New York Times I’m Looking at all these Places and There’s a little bit of mention here For example Politico says top Republicans reject any link between GOP

Rhetoric and Paul Pelosi assault Of course you should reject any link Why is the Republican party why is the Conservative movement to blame For gay schizophrenic nudists that are Hemp jewelry makers Breaking into somebody’s home or maybe Not breaking into somebody’s home why Are we to blame for that exactly And why is he still in jail why is he Not been bailed out by the way if some If some amazing Patriot out there in San Francisco or the Bay Area Wants to really be a midterm hero Someone should go and bail this guy out I bet his bail’s like 30 or 40 000 bucks Bail him out and then go ask him some Questions I wonder what his bail is they’re going After him with attempted murder Political assassination all this sort of Stuff I’m not qualifying it I think it’s Awful It’s not right ish But why is it that in Chicago you’re Able to commit murder and be out the Next day why is it that you’re able to Trespass second-degree murder I can Answer that question The reason why uh it’s in Chicago that You can do attempted murder and get out On bail the next day is because you Can’t Because you can’t

To the extent that there’s no cash bail Incidentally In in the reforms that have taken place In Illinois It is non-violent crimes It is non-violent crimes Bail is bail If there’s no one there to pay Thirty Forty thousand dollars uh you know Charlie Kirk I’ve seen your filings I know how much you get paid and that’s Just the ones that you declare If anybody has access to 30 or 40 uh K To help a patriot out it seems to me it Would be Charlie Kirk all right but Continue Ago you’re able to commit murder and be Out the next day why is it that you’re Able to trespass second-degree murder Arson threat of public official cashless Bail this happens all over San Francisco But if you go after the Pelosi’s Oh you’re let out immediately What Yeah he got a little confused yeah it’s It’s it’s not being let out he’s he’s Yeah he’s struggling to fit his like San Francisco narrative into why is this guy Being held and not released back into The streets but there it is I mean he he Just summed up all of it right like I’m Going to reference the uh completely Fictitious uh speculation I’m going to Bring that into the sort of oat um uh

Critique and Um and uh you know the the oat sort of Like analysis of where this guy’s true Political Um uh feelings are Um and then they’re going to make it About I mean and it’s quite I I mean I almost think You are almost almost Necessarily having a emotional uh issues If you’re attempting to assassinate Anybody unless you are being paid to do It frankly Um and The real question is is like you know What’s the likelihood Of reaching someone Who is in this type of emotional state And providing them a narrative where They become convinced that they’re doing The right thing like how many people do You have to announce pizzagate to Until it lands upon someone’s ears who Goes in and shoots up a pizza shop in Washington DC I mean this guy also was Spouting pizzagate conspiracy theories Right so this these conspiracy theories They create action in people who don’t Perform perfectly unwell it’s obvious And also let’s also be clear here that Is why there is a fundamental difference Between sitting in a bar with one Individual and turning into them and Going like uh man I think Nancy Pelosi

Is a true is is a you know has committed Trees and frankly she should be uh Sentenced to death why there’s a Difference between doing that And Having a YouTube show with a hundred Thousand or a million of viewers Or being a presidential candidate or Being a president or being the Most prolific Republican fundraiser and Announcing it at a rally there’s a Fundamental difference between those Things because if the calculation is That it is people who have a specific Emotional disturbance And then may act upon a narrative Created for them what is you have a Responsibility to understand that if I Broadcast this message To 10 million people it is the Likelihood of someone acting upon that Is far greater than if I say it in my Living room to people I’m having Cocktails with And they know what they’re doing they Know it’s impossible for them not to Reach the ears of those people I mean Ted Kaczynski had obviously some Deep-seated emotional issues Right But like the the idea that he wasn’t Driven by also this narrative and this Ideology that he formed is ridiculous

Now he happened to have developed that More or less on his own like literally But if you’re feeding this and you are Ostensibly a A pillar of society which generically Speaking the president A congressperson someone on TV or Yeah It’s you’re a voice of authority you you Asked for that Authority because you are A member or the founder of a media Organization you go with turning points USA uh uh crowds and you speak to Thousands and thousands of people you Are actively seeking said Authority and Then you’re pushing it away once the Consequences come to you you could even Take that a step further like what is What is turning points USA Mission It is to go out and by the use of words To create narratives and to deliver Propaganda and I’m saying that value Neutral I mean on some level we’re Propaganda outfit as well totally They’re going out to change the minds And the actions of people out there So just in the way that Charlie Kirk Goes and debates me at politicon to make The point that whatever it is government Bad government can’t do anything He’s also got to own that like when he’s Out there saying like A patriot would come to this guy’s Rescue That it’s patriotic to support a guy who

For whatever reason tried to assassinate Somebody He’s gonna own that too and he he also People forget helped pay for buses to Take people to the Capitol on January 6th that is an active like political Operation just another piece of evidence Uh for the credibility that he’s trying To create for himself while skirting Responsibility but you know it is also Interesting too it’s he’s not being held There’s no bail bin that’s been posted And prosecutors are asking for there to Not be any bail so I am curious if Charlie Kirk does try to fundraise off Of this where this money actually goes It would be fun just putting that out There and the tell in all this is that They keep going to like the nudist uh Angle to try to imply a sort of Left-wing bent to this guy when we Actually know about like sort of Ideological content and surprise a lot Of their propaganda is in this guy’s Head like the Derek Chauvin supporting Stuff Mike Lindell election conspiracies Uh from uh I think this is the Washington Post uh online post Center to Pape’s name repeated False Games about Coveted vaccines questioned whether Climate change is real and displayed an Illustration of a zombified Hillary Clinton dining on human flesh Um so I mean right no it couldn’t be

Clearer but that doesn’t matter it’s It’s it’s just all about getting ahead Of the narrative and pretending that That’s not the case exactly all planted Um I’ve got a couple of sponsors on Today’s program Uh this one I’m super excited about Because I I haven’t gotten the product Yet but I’ve been eyeing this for quite A while it’s going to be obvious to People why Um One of our sponsors today is lomai Am I pronouncing that right Lomi lomai Lomi by Pella okay what this is It’s a and and I’ve watched about about A thousand videos on this Um and uh And When we had the chance to advertise for It I was psyched to do it Um it is essentially like I don’t know it’s about yay big and uh It it turns your food scraps Essentially into compost uh into dirt With a push of a button whoa It’s a Countertop electric composter like I say Turn scraps into dirt in under four Hours there’s no smell uh when it runs It’s very quiet uh like I say I don’t Have this but I have watched about five Million I mean honestly Far too many sort of uh uh What do you call it reviews and videos

About this Um You have you’re going to have way less Garbage each week It depends on where you live as to Whether like that means no raccoons or That just means that like you’re not Gonna you’re not having this slop in There Um And uh you’re throwing out a lot less Which is good for the environment Means it’s not going into landfills Means it’s not creating methane so from An environmental standpoint it’s really Great And then If you Garden Like I do or if you plant stuff in the Window sills like I do You grow it in this And your plants are going to go crazy Um Just the idea and and you know some of This is happening in New York City you Already have the opportunity to compost But Um much easier to bring down dirt than It is food scraps Um but also this stuff is like They bag this stuff they sell it at uh Hardware stores and at uh Nursery uh you Know nurseries and and whatnot uh really Is amazing I I mean I we’re going to see

A lot more of this Um If you want to start making a pause a Positive environmental impact you want To just clean up uh after dinner that Much easier Loamy is perfect for you head to Alomi.com majority that’s L-o-m-i.com slash majority use the promo Code majority get 50 bucks off your Loamy I’m gonna get one of these soon I Mean really soon like it’s it sounds Incredible Compost and this makes it super easy Especially if you’re in an apartment Right if it’s able to fit on the Countertop uh it’s 50 off when you head To L-o-m-i.com slash majority use the promo Code majority of checkout food waste is Gross loamy is your solution The holidays just around the corner Loamy will make the perfect gift for Someone on your shopping list no more of Those like tins that you live there Um All right Also Um One of our sponsors today aura Uh I’ve talked about this quite a bit Um You know I I enjoy pursuing uh scam emails I enjoy

Um I I I’m sometimes a little bit um uh Iffy on it I also am very worried about My you know identity theft and and and Etc etc Um Aura has been a huge Solution on on This Um or it helps you fight back against Annoying websites that make your Personal information public by Automatically requesting of your removal Of your info this helps reduce Robo Calls and frankly also from a security Standpoint I like that fact Um I may be a little bit more paranoid About such things because of what we do Here but uh very helpful also Aura Protects you from scammers and hackers Because what it does is it basically uh Crawls the um what do they call it Scrapes the dark web Where this is where like Folks who have done hacking they’ll sell Uh your information whether it’s Social Security numbers whether it’s passwords And emails whether it’s other Um uh personal ID Um Aura Uh scrapes the dark web looks for your Family emails passwords Social Security Numbers this includes your kids too if You want and it alerts you fast if you Find anything in fact when I put my

Emails in it pops up on where my email And passwords have been compromised Or it gives you near real-time alerts on Suspicious credit inquiries so if Someone tries to open a loan or a credit Card in your name Bingo bango you know about it you can Shut the stuff down or it’s got a VPN That allows you to stay anonymous online By keeping your browsing history and Personal information safe and encrypted Uh also Aura protects your devices from Viruses from malware from spyware uh so It makes it much harder for people to to Break in uh Aura helps you manage what Your kids can do on their devices You can restrict specific apps you can Set screen time limits you can even set Focus times to ensure your kid is doing Their homework instead of binging on YouTube Believe me very helpful Or as password manager lets you store And access your online password securely And conveniently it’s got all those Things and you could try Aura for free For 14 days at aura.com majority you put Your uh your email in you’ll see Immediately uh what it can do You’re going to be shocked how much to Find out how much your private Information Aura fines exposed online Over the next two weeks during your free Trial that’s

A-u-r-a-u-r-a.com slash majority try Aura for free for 14 days Lastly Um uh neutralfall We’ve um They’ve sponsored this program in the Past And basically what it is and you can Look this up Um nutrifall is one of the only and Maybe to my mind the only but I’m not 100 sure about that Um it is a holistic approach that Promotes healthier hair and and hair Growth as well as just broadly speaking Your whole body’s uh Wellness this works For men and for women And generally you sort of have to choose Between Your health Broadly speaking and the desire to uh to Grow some hair because you’re taking Some type of uh oral or uh other type of Drug and in this instance uh neutrophil It’s basically just vitamins and Minerals and a combination no drugs no Compromises it is the number one Dermatologist recommended hair growth Supplement it is clinically shown to Improve your your hair growth thickness And visible scalp coverage Neutral Falls hair growth Nutraceuticals goes beyond genetics and It targets the multi

Well I guess the the various reasons why You’d have thinning hair stress hormones Nutrition metabolism aging lifestyle Sometimes you may have uh you know uh Some type of disease or something to That effect uh neutrophil addresses all Of those things It is a physician formulated it is using A natural medical grade ingredients it Is neutrophone is drug free it is Patented and it provides reliable and Visible results without compromising Your sexual health in a clinical study Men showed Progressive Improvement in Hair growth and thickness after three And six months It’s no wonder that no trafal is trusted And recommended by more than three Thousand Top Doctors uh don’t sleep on This You can grow thicker healthier hair And now is the time to start uh and Support our show by going to Neutralfault.com you enter the promo Code majority you save 15 off your first Month’s subscription this is their best Offer anywhere it’s available only uh to Us customers for a limited time plus Free shipping on every order get 15 off At nutrifall.com spelled N-u-t-r-a-f-o-l.com promo code majority All right let’s get into Um Oh and just a reminder it uh all of

These links will be on our YouTube and Podcast subscription and it Um Broadly it’s your support that makes the Show possible so uh if you want the free Show free of commercials join the Majorityreport.com Um all right let’s get into There was yesterday Uh oral arguments In what very well may be the final Case in this country for a long time About a race conscious College Admissions Just a brief history of affirmative Action in this country Um really in the modern era You know because you could argue 14th Amendment Affirmative action reconstruction Was very much about affirmative action The introduction of public schools The introduction of of the 14th Amendment A whole host of of ideas that The Radical Republicans wanted in the 1870s Let’s say 18 late 1860s Um was a function of recognizing That You can’t simply Free Millions of slaves and just say like Okay Figure it out all good yeah

And The the next wave Came in the in the wake of the Civil Rights uh act in 1965. Where Not only did the legacy of slavery Remain But this country had ongoing racial Discrimination And whether it was in the context of Housing which is the number one uh Number one uh developer of of Intergenerational wealth whether it was In the context of I don’t know Social Security and What professions are you Know what what jobs are going to be Considered whether jobs have Labor Protection labor protections whether it Was political power after uh you know Essentially the programs of during Reconstruction Um the the rolling back of the of the Franchise for black people such that you Had to have a Voting Rights Act in 1965. I mean all of these things Um Quarters in higher education quotas in Jobs I mean uh that would Were geared towards suppressing Specifically Black people Other uh minorities at the time And so in the modern era There was a an awareness that

We as a society need to encourage and to Make sure Because we don’t have the systems Built because over 200 and some odd Years 300 years all of our systems to Find People and make people Avail you know Like give people opportunity we’re Warped towards white people in this Country and the Merit structures that we Had We’re also developed With the idea that we’re going to reward White people If I’m the uh if I’m great at uh you Know hitting a baseball And I’m in charge of things I’m going to make the highest uh value That’s out there your ability to hit a Baseball yeah so the correct framing of Around affirmative action and we’ll get Into this and what they’re contending is Not that affirmative action violates the Equal protection Clause it’s that Everything else right From the structure of our society is What is in conflict with the equal Protection Clause exactly and so Um the first case that basically capped People’s attempts to sort of like Um Create some equity in society was the Baki case And that was in

1978 off the top of my head and Um this one came in California and it Found that Um at the Supreme Court it found that Colleges because these are all sort of Like college questions right uh Universities Colleges could consider race to build a Diverse student body And the idea was that we’re not trying To Um Help black people per se or for that Matter of native people Latino people Asian people The idea is that We want uh that there is value to Everybody including white people To be educated in an environment where There are a varied uh life experiences That very often translate into varied Perspective on things in the same way That conservatives are saying like we’re Being silenced Our views are not being allowed to be Shared at universities which of course Is absurd Not the case But they do have an argument that it’s Important to have very perspectives But it’s also important for everyone Around you to be around other people With varied perspectives this is a

Legitimate societal goal because we want Better citizens And you get better citizens particularly In a country like ours when you have a Sense That there are people who are different Than you That there are varied perspectives that We must learn to work together That the challenges that are associated With having a um heterogeneous society Um are also are ultimately our strengths And The bakkie case basically on that basis Um Argue that you can be conscious of race As a factor in creating Diversity on your campus like you can Also be conscious of do they live in a City do they live in a rural area do They go to a private school do they go To a public school are there uh parents Big donors who said University Well that’s yes I mean I can say like I My acceptance into NYU I think was in Part because I was in North Dakota and Applying for without a doubt without a Doubt I mean kbj made this argument in Oral arguments but just that we’ll get It we’ll get to that yeah Um the Supreme Court Affirmed this principle and again 1978 Do the math I can’t what is that 35 Years ago

Yeah 44. I should say I think like 1970s I think Like it’s not possible because 1978 I Have like a vivid uh recollection of and The idea that that was 44 years ago is Terrifying is it really 44 it might be More No it’s 44. it’s not more okay All right whatever between 30 and 45 Five years So this is another long-standing Principle That is out there then in 2003 there was The grudder case The 2016 Fisher versus Texas Um They reaffirmed this idea The Um The 14th Amendment Which we mentioned and and you would Think this is going to be important Because one of the things that came Became clear yesterday in the uh in the Oral arguments was that the originalists And the textualists and this and that They weren’t even making a Constitutional argument They were making what you would call a Policy argument Okay which Um a They supposedly completely issue as a Methodology of approaching

Um legal decisions right like that’s Verbatan you don’t consider the Implications on society When you decide it’s strictly about the Law They can’t do that because the law In this instance is the 14th amendment It’s it’s beyond statute it’s Constitutional And the 14th Amendment You cannot believe the 14th Amendment Was not written With the idea That We don’t That it was a complete coincidence that We had just uh freed the slaves It was a conscious effort To make sure That We integrated slaves into society and by Doing so and in doing so We also make sure that they get all of The benefits of society that they become First-class citizens That we do not have an underclass In this country that is a function of Race That’s important Because it’s not being You there are instances where you cannot Be blind to race if your goal is to make Sure that we do not have an underclass That is a function of race yeah

Particularly when that underclass was a Forbed as a function of politics yes I Mean the You simply can’t apply the 14th Amendment In a colorblind way If you want to achieve achieve what the 14th amendment was written to achieve So Um Most of the arguments apparently from The right Members of the Court We’re all Sort of Um Sub-constitutional level if you will Apparently in uh in the gruder case Sandra Day O’Connor made a prediction That we won’t need To allow for Race Consciousness in college admissions By 2028. Which was maybe a slightly over Optimistic And I can understand at that point maybe Why someone in 2003 might might say you Know 25 years should should take care of This But and it was cited apparently by Um well first of all apparently Thomas In The Descent said That’s the date then yeah great Um

That’s why putting those kinds of just Little nuggets in your opinions whether It be concurring or dissenting or Helpful for for uh Bad actors like Clarence Thomas that’s why he just did It with Um with abortion and all the other road Maps for conservatives to challenge uh To basically saying use this to to go After gay rights Etc or use this case And um and apparently Amy Coney Barrett Brought it up too But the thing in my estimation that They’re missing is that like if you Accept that it was 2028 obviously like No one’s a soothsayer they obviously are Prepared to overturn this you know six Years earlier But if you accept the concept that Sometime in the future Things are going to be fixed then you’re Also acknowledging that at the present They’re broken If you accept that it’s going to take 25 Years of this and then we should be done Then you accept What the mission is And The idea that they’re going to cite this And then overturn it and just say like Oh well the timing was off they have no Constitutional argument against it And to look at To look at

Um Essentially where black people are in Terms of like wealth disparity income Disparity Uh unemployment Um if you were to look at life Expectancy if you were to look at Um a maternal uh maternal uh uh you know Uh death rates if you I mean by almost Any metric You could see that like yeah we still Have a problem in this country And not just with with black people I Mean you can see it in the context of of Latino people you can see it Uh the the pro the in the case of of Native uh Native people I mean on and on And you can see within the context of Say voting voting and this is where you Can see their ruling on how racism is is Essentially over and that’s why there Needs there can be less oversight on Southern States and uh opening the Floodgates for uh voter restrictions is Because it’s all their their partner Cases Frank honestly in their efforts to Undercut the 14th amendment by saying That these guard rails that we put in Place as a way to enforce the 14th Amendment and equal protection they are In and of themselves either null and Void or racist on their own yeah I mean On some level you’d have this and and You know that’s the thing with the

Constitution you have to choose that That was a wrong Amendment Um here is let’s play a couple of Clips I mean I think katanji Brown Jackson now She had to recuse herself there were two There’s actually two cases up in front Of the court and they were argued uh More or less on the same day I think on The same day Um one was involving Um Harvard Harvard in the trial court and in the Appeals court was found I mean the Plaintiffs argue that um Asian Americans Are being uh Discriminated against Because Harvard is as part of their overall Perspective on uh admissions Considering race as one of like I don’t Know 20 factors In their creation of a diverse student Body And the argument is they’re being Discriminatory towards Asian Americans On the trial court level on the Appellate level they were found not to Be discriminatory towards Asian Americans Uh she had to sit that case out because She heard it on the appeal on the on the Appeal level so she is talking about the North Carolina uh case specifically

And she brings up a an example Remember you’re in North Carolina now That is specific to North Carolina but It really does illustrate Sort of How Legacies Can impact Outcomes today legacies that are Hundreds of years old can impact Outcomes today Pluses and so what I’m worried about is That the rule that you’re advocating That in the context of a holistic review Process the university can take into Account and value All of the other background and personal Characteristics of other applicants but They can’t value race what I’m worried About is that that seems to me to have The potential of causing more of an Equal protection problem than it’s Actually solving and the reason why I Get to that possible conclusion is Thinking about two applicants who would Like to have their family backgrounds Credited in this applications process And I’m hoping to get your reaction to This hypothetical The first applicant says I’m from North Carolina My family has been in this area for Generations since before the Civil War And I would like

You to know that I will be the fifth Generation to graduate from the University of North Carolina I now have that opportunity to to do That and given my family background it’s Important to me that I get to attend This University I want to honor my Family’s Legacy by going to this school The second applicant says I’m from North Carolina My family’s been in this area for Generations since before the Civil War But they were slaves And never had a chance to attend this Venerable institution as an African-American I now have that Opportunity and given my family family Background it’s important to me to Attend this University I want to honor My family Legacy by going to this school Now as I understand your no race Conscious admissions rule these two Applicants would have a dramatically Different opportunity to tell their Family stories and to have them count The first applicant would be able to Have his family background considered And valued by the institution as a part Of its consideration of whether or not To admit him while the second one Wouldn’t be able to because his story is In many ways bound up with his race and With the race of his ancestors so I want To know

Based on how your rule would likely play Out in scenarios like that why excluding Consideration of race in a situation in Which the person is not saying that his Race is something that has impacted him In a negative way he just wants to have It honored just like the other person Has their personal background family Story honored why is telling him no not An equal protection violation well I Think I think I think because if if it Is the racial aspect of the application Then that’s the equal protection Requires that that people of all Races Be treated equally now certainly UNC Shouldn’t give a legacy benefit if they Don’t want to give a legacy benefit There’s no obligation they do that no But I’m sorry but you said you said it Was okay if they give him a legacy Benefit and what I’m saying is that in Almost exactly the same set of Circumstances a student or an applicant Who is African-American and who would Like to have the fact he’s been in North Carolina for Generations through his Family and that they’ve never had a Chance to go to this school honored and Considered and it’s bound up with his Race You say I think that he’s not allowed to Say that and that the university is not Allowed to take that into account and Because it relates to race precisely

Because it relates to race I think you Might have an equal protection problem In saying that he can’t get credit for That when someone else can well and for Purpose of the hypothetical I am Assuming that the only significant Factor in that story happens to be the Fact that that of the race of the Applicant and that their race was Previously barred from attending UNC Obviously Nothing Stops UNC from Honoring those who have overcome slavery Or recognizing it’s it’s it’s it’s it’s Past contribution to racial segregation But the question is does is that a basis To make decisions about admission of Students who are born in 2003 and I Don’t think that it necessarily is I Don’t think that the equal protection Clause suggests that it is is there There are there are many there are many Factors in an application like that that Might be appropriate to consider Including if they are first generation College or including if they’re Associated socioeconomically depressed But if the only difference is between a White student and a black student I Don’t think the equal protection Clause Permits the admissions decision to hinge On that All right and to be clear He is trying there there’s a bit of like A straw man here because it’s not the

Only Factor There is no instance where colleges or Universities are saying this person’s Black we’re going to let them in this Person’s white we’re not going to let Them in that that doesn’t happen But what her hypothetical illustrates is Is that there are things that you cannot Separate From People’s race And Being a legacy Was that what they call Legacy like when You’re a legacy admission the Legacy Admission You just don’t have that opportunity In that certainly in the same way yeah Uh if you’re a black person In this country because I mean that in and of itself I think Really sort of destroys a lot of this Argument but that’s what they want they Want the hollowed Halls of University of North Carolina and Harvard to be Institutions to continue power Structures that have been in place in This country that are white and I mean Just some context on who that guy is who Is speaking there Patrick Strawbridge He’s an attorney for a law firm that has Represented Donald Trump and both of the Attorneys are doing this in front of the Supreme Court court or former law clerks To Clarence Thomas and Partners at that

Firm now katanji brown Jackson recused Herself because she previously ruled in That Harvard case because of her Connections to the case This is the second time at least in Recent memory on some of these more Important cases heard by Clarence Thomas Where he has refused to do so I mean are You suggesting that Clarence Thomas Should not hear from two lawyers that he Personally trained uh essentially I am Suggesting that that might undermine the Integrity of the court and it’s not as Egregious as him say you know refusing To recuse himself when it comes to cases Involving his wife directly but you know I mean they’re kind of uh that that’s The consistent theme with him obviously Um But I think you know it This example that katanji brown Jackson Brings up is is Um so worthwhile to think about in the Context of just about any time when you Think about race in this country There are things that Frankly as white people We’re just not aware of It’s just like a an added plus that we Have the ability like oh my ancestors Went to like my parents went to this College and my their parents went to This college Legacy admissions help you

But they are structurally speaking at This time at the point in time even even I don’t know 50 years out from when uh Black people were allowed to go into Some of these colleges it’s still Still A Structural Obstacle to you getting into college Because 50 years ago You’re a black person the first time You’re trying to you know your first Person in your family trying to go to College You’re going up against people have been Legacies for you know one or two Generations yeah they might have donated A building or two to that college well I Mean put aside that just like even just Pure yeah straight up Legacies Um you know you were not allowed to have A legacy And then yes money becomes a big issue Too if we know That Because of policies this country Um Administered both Both in terms of like Society but also From a governmental level that inhibited The accumulation of wealth by black People We know that’s a fact Then the ability to sort of give a

Library or just even donate to college Or Hire a college counselor or send the Kids to getting Um you know SAT score or you know uh Training or whatever it is tutors Whatever it is that’s going to help go Into uh get into a college there are all These structural things And again this is just one element One element in a bunch of different Considerations that look in there and And I think in Harvard’s case like they Don’t take anybody who’s not in a Certain percentage of the class of of Their High School uh class Discrimination I mean and also Harvard Is a private entity right I mean it is Shocking that it seems like they’re Going to rule in a similar way for both Of these cases where UNC is at least you Know a State University Harvard is Different and they’re I mean maybe Roberts will try to split the split the The difference on that or I I don’t know Because he’s as always jocking for the Reasonable position oh Roberts is I Think vehemently uh against this oh Interesting oh yeah I mean you can go Back and look at the uh at the the way They eviscerated the Voting Rights Act They’re all convinced this is over The race is done yeah I mean they’re Convinced of it they’re absolutely

Convinced of it 100 percent And um and the the real question is not Will Robert split the baby on this and I Don’t know really at this point how you Split the baby Uh because it’s pretty split it’s pretty Split yeah Um the real question is Do they start applying this to all sorts Of governmental programs that are met in Some way to help redress The structural imbalances that exist in Our society because of Of the institutional racism that we have Had or continues So Roberts no he’s like When it comes to race Roberts is really He’s he’s highly motivated Yeah he’s a go-getter in that respect Um Let’s play one more clip of this before We go into the fun half Um the argument in the backy case And then gruder and then in uh Fisher Following that was that diversity Helps everyone It helps the white students it helps the Black students it helps the brown Students Helps the male students the female Students the rich students the poorer Students The the city students the herb the rural

Students Diversity helps now I just listed I don’t know what Five or ten different you know Uh factors Gender diversity Racial diversity Ethnic diversity Um National diversity Socio-economic diversity Uh Geographic diversity I think we all know what that means And if you do understand what I’m Articulating You are a little bit smarter than one of The Supreme Court Justices I give you Clarence Thomas who has absolutely no Idea what diversity means I’ve heard the word uh diversity quite a Few times and I don’t have a clue what It means Uh it seems to mean everything for Everyone Uh the and I’d like you first you did Give some examples in your opening Remarks But I’d like you to give us a specific Definition of diversity in the context Of the University of North Carolina And I’d also like you to give us a a Clear idea of exactly What the educational benefits of Diversity at the University of North Carolina would be

Yes your honor so first we Define Diversity the way this court has in its Court’s precedence which means a broadly Diverse set of criteria that extends to All different backgrounds and Perspectives and not solely limited to Race and there’s a factual finding in This record pet app 113 that there are Many different diversity factors that Are considered as a greater factor in Our admissions process than race I mean to imagine the the level of Feigned ignorance you must have To pretend you don’t know what diversity Means in this context yeah and also Imagine The feigned ignorance you must Have To not understand the educational Benefits of it I mean it’s just a perfect example then This is this is uh you know arguably a Little bit extreme but you know Education is a nuanced thing and and It’s hard to see you know on on the Level of a university level exactly what It is but There is a an incredible disparity Between Toddlers who come from wealthy families And toddlers who come from uh a poor Families In terms of their listening vocabulary When they enter into kindergarten It’s a big reason why there’s Universal

Pre-K and the question is why And It is quite settled as to why that is The case it is because wealthy people Expose their children Because of their money to a wide variety Of experiences And people They go on trips They live in the city they go to the Country If they live in a country they go to the City They go to different places they see Different things There are some kids you know Kids who are living in in poverty who Live in the city They don’t know what a llama is Well they see llama You know like they can’t pick out a goat They can pick out a dog or a cat Maybe They might have more familiarity with a Rat uh if you live in New York City than You would like uh you know what a sheep Looks like Well you’re a wealthy kid you’re going On a trip to the farm You’re wealthy kid you’re gonna you Maybe you fly in an airplane if you go To a foreign country maybe you hear a Foreign language uh you know maybe you See different cuisines It is so self-evident

As to why Surrounding yourself with diverse Viewpoints and perspectives and Life Experiences Is more of an educational benefit than Not that it’s almost absurd to even Braise this like it’s It is like you honestly have to be Generating Like the ignorance yeah he’s it’s right like he like the idea That it means everything to anybody what The hell is it I don’t even know what What that meant it’s been defined by the Court like the this is pedantry right Like the Communication only works when you can Share terminology and the reactionary as You see what Jordan Peterson too like What does this word mean we can’t even Know anything that’s just a refuge of a Reaction here that doesn’t actually want A conversation to go anywhere yep yeah And I mean this is also the the the role That he wants to play on the Supreme Court is to be the black voice on the Court saying these kinds of things he Not to psychoanalyze him as as well but You know he also probably tries to Adhere to a anti-diverse Anti-anti-racist ideology because then It completely validates him as one of The nine most deserving of all of the Judges that could ever Ascend the throne

That’s how these like people who treat Themselves like priests view themselves As well I I I I have I I would be terrified to take A half a step into the psychology uh That is going on in his mind but um But nevertheless the idea that is know What diversity is is uh hard to believe Either Colloquially or in the fact that it’s Been Literally defined in All the precedents on which this case is Going to overturn I’m uh I need to watch This clip uh but I’m founded on C-Span Justice Thomas on the court an Intellectual diversity oh so so maybe We’ll what the hell does that mean what Does he mean what does he mean by that Uh what he means is we need to Gerrymander uh uh spaces so that Conservatives have an equal sign right Exactly I mean and uh uh there’s Chicago Steve has to be depressing to Argue a case before this court no matter What you write or say the outcome was Predetermined of course of course Without a doubt I feel like that’s the That’s like as important of a mission is To make sure that that’s broadly Understood by like people going into law That like this is all fake oh yeah How many times have we had people on the Like you know Ian millheiser wrote that

Book what was it eight years ago six Years ago I mean we’ve had Mo I mean It’s it’s been out there it’s just I Think like it is becoming more and more I mean really it’s not even the lay People although the lay people are going To cause the pressure on the Institutions but it’s going to be hard Because And as children of lawyers I think we Understand this This is like This is a religion to them yes and they Are the priesthood And they’re finding out that wait a Second The pope is known about this scandal Uh uh this is where we’re at yeah right Now the Supreme Court justices have no Clothes exactly exactly There’s not a single legal like like a Constitutional doctrine that they’re Arguing in you know you read this Transcript I’m sure maybe somebody else Can find it but it it is This case rests on their assessment that Racism is not a problem anymore that It’s 2028 even if you could have put a Number on it at that time I mean Sandra Day O’Connor like she knew racism Boy and she was gonna give you a Timeline on when racism goes away It would have been great if she was Correct or even remotely correct

Um Yeah and then it’s just uh I also just want to put this out there Too they are attempting to and when they Eventually side with uh Overturning affirmative action they are Attempting to censor these uh Institutions and prevent them from uh Doing the practices as they see fit Right they should be able to engage in I Mean I’m just using their own argument Against them but this is like a freedom Of contract or freedom of you know Corporate decision-making argument that You can make against them but well That’s the thing is that you would think That they are they’re required to say That what they’re doing is a violation Of the 14th Amendment but they’re not Making the argument on those grounds Um but I guess we’ll we’ll see what the Decision is we will we we will we will Uh have a legal expert on to talk about This more I think probably Uh maybe between now and June when they Come out with this decision uh but um at Least once Uh you know the The It is increasingly it’s as as much as I Am interested in the in in the sort of The legal arguments and the breakdowns Of this increasingly Um

It is uh it’s harder to retain my Interest in it Um because it is So over but I do think that there is Value in laying it out and showing how Much they are avoiding what they what What these five or six Uh five or six depending on the case Contend is their Judicial approach their philosophy in Terms of the way that they resolve these Cases and and because I think like Showing you know It’s clear they have no clothes but Examining some of the birthmarks on Their body and Liver spots and their liver spots and uh Their pubes on a Coke can as it were all Uh part of the project here Um With that said we did not move into the Fun half early today Um what best laid plant foil plant foil Yeah we we didn’t even touch on the Midterms maybe we’ll do that we’ll touch Them that briefly in the uh in the fun Half uh APAC going after summer Lee Again uh hopefully they’re not as Successful in the context of a general Election uh but you gotta love these Guys we’re gonna tell you who the true Democrat is in this uh in this primary And then we’re going to run against them Um

And I it’s a perfectly fine strategy if You’re a republican but they were trying To get the more moderate yes Democrat Um folks just a reminder it’s your Support that makes the show possible Um there is no way that we could spend This amount of time talking about The an affirmative action case uh and Have an audience that would support it If it wasn’t for you that’s just the Bottom line I mean if we were a legal uh Uh podcast we could talk about it Because that’s what we would do and we Would both be lawyers we would be also You know this would be our part-time gig Or uh you know maybe lawyers would Listen to us exclusively but uh we’re Not and uh it is the support of our Audience that makes it possible for us To take these type of Deep Dives and and you know ones that Are a little bit Less obvious you can become a member at Join the majorityreport.com When you do you not only get the free Half free of commercials you get the fun Half And uh you help the show survive and Thrive also justcoffee.com Fair Trade coffee tea or chocolate use The coupon code majority get 10 off Great coffee great company you can get The majority report blend check it out Emma

Uh what’s happening on esvn uh yes Yesterday we spoke about yes huh I’m Just like still in the glow the Pats oh Yeah taking out the Jets 14 years in a Row right 14 games yeah I’m not gonna Fact check that but it is seven years Seven years it’s amazing but Bill Belichick still has like not gotten over Him leaving the Jets job and likes to Just take it to them every time you know What occurred to me yeah He’s going to be here for at least one More season after this one yeah because He’s gonna go for Schuler’s win oh yes Yes I think that’s what which I’m Encouraged by right Um although yeah I have some critiques Of how he’s handled the quarterback Situation up there but uh we did talk About Kyrie Irving’s anti-semitic Promotion and comments which just keeps Getting worse and worse uh on the show And uh we also just recapped the uh last Week in the NFL talked about is the 2021 Quarterback class like a total bust Fest Is it too early to say and more check us Out youtube.com ESPN show Matt what’s Happening in the Matt leckian media Universe it’s tonight on left Reckoning At eight Eastern Time on YouTube we’ll Be talking Lula’s Victory uh talking About how he and his wife unfollowed Each other as basically the first order Of business uh and uh also we’re talking

With Dr Cuba uh deep State Kuba of this Is Revolution about uh lots of things How one starts to work for the Deep State uh what a sort of actual uh civil Service diplomatic civil service should Look like and uh also be talking about Brazil so uh check out patreon.com says Let’s reckon you get the post game wait Lula and his wife stop following each Other on Twitter sorry did I say Lula I Meant bolsonaro oh Sure Yeah following each other on Twitter Yeah right after he lost yeah well I Mean Sometimes a big cataclysmic events and Take its toll on it hilarious I think Lula should do corruption and get an Apartment like on the Bay Side and uh uh Um well maybe not I mean both know his Wife seem pretty nasty so maybe we won’t Right but I mean if he could do a he Could do a Sam Cedar date with his wife And just you should say bolsonaro’s Ex-wife you should she’s she’s hot I’ll Keep an eye out for yeah and the right Stuff saying I mean Michelle bolsonaro Hold on I haven’t checked the right Stuff in days all right we’re gonna go To the fun half uh when we get a fun Half I will give you an update as to Whether I have been admitted into the Right stuff and see if you can get an Israel shirt like her oh I got a bunch

Of those okay good all right we’ll be Right back for the fun half six four six Two five seven thirty nine twenty you Are in for it all right folks six four Six two five seven thirty nine twenty See you in the fun [Music] [Applause] Who sent us this Alpha males [Music] Back on the alpha males are back back Just as delicious as you could imagine The alpha males are back back back Foreign [Music] Alpha males are back back bye snowflakes Has what the alpha males And the alpha males are

My Patriot Supply