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Advisory Opinions

Affirmative Action Hearing, pt. 2

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 3 November 2022

⏱️ 74 minutes

🧾️ Download transcript

Summary

Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’ questions and comments, and ask what kind of diversity Harvard hopes to promote, if at all. They also discuss the preemptive backlash to Justice Amy Coney Barrett’s upcoming book, and the attack on Paul Pelosi.

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinions podcast. I'm David French with Sarah Isger. And we are going to be talking about the second oral argument. The Harvard oral argument that we didn't get to discuss.

0:33.0

We're going to be talking about the Paul Pelosi attack.

0:35.0

There's now been both federal and state court filings that give a lot more detail.

0:42.0

We've got a lot of feedback based on our discussion of the North Carolina case.

0:48.0

And we're also going to talk a bit about the Paul Pelosi attack.

0:52.0

There's now been both federal and state court filings that give a lot more detail.

0:58.0

And the story seems to be just as simple as the quote unquote narrative that everyone was upset about online.

1:13.0

Seemed to be that this is a politically motivated targeted attack of somebody who broke in.

1:19.0

And some of the details are even more chilling than that.

1:23.0

So we'll get to all of it. But first, Harvard oral argument.

1:29.0

Sarah, we had a little bit of a discussion in the green room beforehand where I was saying I found the North Carolina argument more interesting.

1:38.0

You found the Harvard argument more interesting. What is it that you found interesting about the Harvard argument?

1:44.0

So we talked about the fact of why North Carolina went first. By the way, just for those keeping track at home, argument time clocked in at about four and a half hours for Monday.

1:57.0

It was a long time. And that's relevant to this. So UNC goes first then Harvard, the Harvard case is the one that's gotten more attention.

2:08.0

And the record is more egregious, frankly. And the justice has seemed way more familiar with the record in the Harvard case.

2:17.0

Because of that in any normal world, I think Harvard would have gone first, followed by UNC. And it would have changed to me the entire dynamic of the argument.

2:30.0

Because we've talked about a little, there is a world in which you can strike down Harvard admissions program and uphold UNCs.

2:39.0

And we got a question about why that is. So both use check boxes. And that's why the cases have been consolidated the way that they have been.

2:49.0

UNC is a state school, which you would think would put it under sort of stricter scrutiny, if you will, as a pure state actor, then under title six,

2:58.0

which is what Harvard's under for accepting federal funding. So on the one hand, you sort of walk into the case with UNC in the worst position.

...

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