This is CBS. I'm the world I'm John Bachelord with Professor Richard Epstein, a

senior fellow of the Hoover Institution, teaches law at NYU in the University of

Chicago, whereas up to date as the word colorblind, Professor I note that that is a

concern of frequently stated concern of both sides or all sides are more than

two here, more sides about the ambitions and the needs. I note that just as John

Harlan used it in the Plessy decision in the early part of the 20th century. The

quote I wrote down, our Constitution is colorblind and now there knows

Nurtolerance classes among citizens. That was a dissenting position then. It is

now a decision by the Supreme Court here in the 21st century. You're

evidencing that there is objection to that on the basis of what in the

Constitution objects to colorblindness. I don't understand how it is being used

exactly the opposite to way John Harlan used it to descend from Plessy.

Well John Harlan wrote a very starting descent in an effort to

rid this nation of systematic forms of segregation. It was powerful groups

and posed their will on those who were not allowed to participate inside the

political process and essentially created a terribly system which lasted for

all too long. The system started to dismantle itself a little bit in the Wilson

years on a couple of cases and then it continued to speed up through the

1940s and 50s and it was always colorblind because the evils you were trying

to deal with were handled by a colorblind solution. What people are worried

about now is not formal exclusion which is easy to handle. They're worried

about underrepresentation of groups. On minority groups and key kinds of

...