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2/2: #Bestof2022: The revision of the revision of Affirmative Action: 2/2: Asking SCOTUS to answer Affirmative Action's history and unknowns. @RichardAEpstein, @HooverInst (Originally posted February, 2022

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 18 January 2023

⏱️ 9 minutes

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2/2: #Bestof2022: The revision of the revision of Affirmative Action: 2/2: Asking SCOTUS to answer Affirmative Action's history and unknowns. @RichardAEpstein, @HooverInst (Originally posted February, 2022)

https://www.hoover.org/research/affirmative-action-showdown

Transcript

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0:00.0

This is CBS I in the world. I'm John Batsworth, Professor Richard Epstein of the Hoover Institution,

0:10.0

writing of the case that right now is before the Supreme Court. The question asked by two different cases.

0:17.0

One, the students for fair admissions at Versus Harvard and one, students for fair admissions versus the University of North Carolina, turning on.

0:26.0

So the Supreme Court case grew to versus Bullins are turning on Title VI of the of this of the rights act. However, Richard also introduces the fact that this language has been current in academic hiring for some time.

0:41.0

I can't date it, but I could say that it was a revelation to me these guidelines, Richard links in his piece to the University of California at Berkeley.

0:50.0

The issue is diversity, equity and inclusion. And as I understand it, Richard, in order to be successful in an application to join these faculties, it is not only your research, say we're dealing with STEM, the science inquiries, not only your research, but you also must submit a document, a paper, a record.

1:13.0

I'm not sure what it looks like because you will be the best way to put it. What you will be judged or measured on the basis of diversity, equity and inclusion. So that's been in place for some time. Is that correct, Richard?

1:27.0

Well, it's certainly for the last four or five years, but the momentum on this is getting much more strong and law schools in our also, for example, putting critical race theory as a required subject in the curriculum.

1:39.0

Where the viewers, you have to do two things. You have to be one critical about things until you have to agree with us on everything that we start to say.

1:46.0

But if you go back to the 1960s and 50s, you will remember that one of the great issues of the time with the Royal Theos.

1:52.0

In order to teach in universities, did you have to agree to oppose communism or something of the sort.

1:58.0

And there was a very famous case involving a fine gentleman named George and a stop-alow who refused to find these oasis of matter of principle, the Supreme Court ofheld Theos, which I thought was a terrible mistake, and George could never practice law for his entire life.

2:12.0

Well, these are new loyalty oaths. What you have to do is to basically drink out of the holy water and to announce that you support all these particular situations.

2:20.0

You want to get yourself a flunking hand. So what you do is you quote Martin Luther King and say what I do think is what counts as the content of your character, not the color of your skin. That's not going to be good enough.

2:31.0

So what you have to do is explain what you can do in order to put forward these things.

2:36.0

A friend of mine was talking about this one day and he said that he had looked at a graduate pool of education applications in some department.

2:43.0

And he said that there were 120, one of these out of 122, which did that. What are they going to bring to diversity and that the 120 second person had written something in there.

2:52.0

And he said, I will bring diversity by bringing music into my technical program because I was a professional musician before I came into this thing. That's the diversity that I bring.

3:01.0

But people, I mean, you literally talk to these people and they have these crisis of conscience.

3:06.0

If I say what I truly believe about this, I will not get in and if I purge myself, I might get a chance to get in.

3:13.0

So if you're a conservative student and forced to choose between your professional education on the one hand and you're in textual, actual integrity on the other hand, you are in a very, very difficult position.

3:24.0

My view about it is university should certainly taken people who believe in critical race studies.

...

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