Affirmative Action and the 14th Amendment – Part 2

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 3 November 2022

⏱️ 55 minutes

🔗️ Recording | iTunes | RSS

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Summary

On Monday, October 31, 2022, the Supreme Court heard oral arguments for more than five hours in Students for Fair Admissions v. University of North Carolina, and Students for Fair Admissions v. President and Fellows of Harvard. In this pair of cases, the Supreme Court will assess whether the schools are violating the Equal Protection Clause by using race as a factor in admissions. Ted Shaw of the UNC Center for Civil Rights and David Bernstein of Antonin Scalia Law School at George Mason University join Jeffrey Rosen to recap the arguments in the case—including the specific questions asked by each of the justices; to discuss how the court will rule next year when it decides the cases; and what the ruling might mean for the interpretation of the 14th Amendment and equality and diversity in high education and American society going forward. · Listen to “Affirmative Action and the 14th Amendment – Part 1” Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0	Hello friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center
0:07.7	and welcome to We The People, a weekly show of constitutional debate.
0:11.6	The National Constitution Center is a nonpartisan
0:14.1	nonprofit chartered by Congress to increase awareness and understanding of the
0:18.6	Constitution among the American people. This week the Supreme Court heard oral arguments in two landmark affirmative action cases,
0:27.0	students for fair admissions versus Harvard College and students for fair admissions
0:32.0	versus the University of North Carolina.
0:34.8	Last week we previewed the case with a conversation about the text history and original understanding of the 14th Amendment,
0:40.8	and I'm delighted that I persuaded our dream team of discussants to return this week to recap the oral argument.
0:48.0	Ted Shaw is Julius L. Chambers, distinguished professor of law and the Director of the UNC Center for Civil Rights.
0:54.9	He previously taught at the University of Michigan Law School, where he played a key role in the
0:59.8	Grutter and Bollinger case, which is being considered in the cases under consideration now.
1:06.8	Ted, thank you so much for returning to We The People for this oral argument recap.
1:12.3	Always good to be with you.
1:14.0	And David Bernstein is executive director of the Liberty and Law Center at the Antonin Scalia Law School at George Mason University.
1:21.0	He submitted an amicus brief on behalf of the petitioner,
1:23.4	students for fair admissions,
1:25.0	and his newest book is classified,
1:26.6	the untold story of racial classifications in America.
1:29.8	David, it is great to have you back as well.
1:32.4	Great to be here, Jeff.
1:34.0	Ted Shaw, you were in the courtroom on Monday.
	...

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