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The John Batchelor Show

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

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John Batchelor

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🗓️ 20 June 2023

⏱️ 9 minutes

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

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

Richard A Epstein, @RichardAEpstein Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law School

Transcript

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0:00.0

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

0:09.7

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

0:15.8

different cases. One, the students for fair admissions at Versus Harvard and one,

0:21.9

students for fair admissions versus the University of North Carolina, turning on the Supreme

0:27.1

Court case, grew to versus Bullins, are turning on Title VI of this of the Rights Act. However,

0:33.1

Richard also introduces the fact that this language has been current in academic hiring for

0:40.6

some time. I can't date it, but I can say that it was a revelation to me. These guidelines

0:46.2

Richard links in his piece to the University of California at Berkeley. The issue is diversity,

0:51.8

equity and inclusion. And as I understand it Richard, in order to be successful in an application

0:58.9

to join these faculties, it is not only your research, say we're dealing with STEM, the science

1:05.8

inquiries, not only your research, but you also must submit a document, a paper, a record. I'm

1:13.3

not sure what it looks like because you will be judged or measured on the basis of diverse

1:21.7

diversity, equity and inclusion. So that's been in place for some time. Is that correct Richard?

1:26.5

Well, it's certainly for the last four or five years, but the momentum on this is getting much

1:31.8

more strong. And law schools in our also, for example, putting critical race theories

1:37.0

and required subject in the curriculum where the viewers you have to do two things. You have to

1:41.2

be one critical about things until you have to agree with us on everything that we start to say.

1:45.5

But if you go back to the 1960s and 50s, you will remember that one of the great issues of the

1:50.9

time with the Loyalty O's. In order to teach in universities, did you have to agree to oppose

1:56.0

communism or something of this sort? And there was a very famous case involving a fine gentleman

2:00.5

named George Anna Stoppolo who refused to find these O's as a matter of principle, the Supreme

2:06.2

Court of Health O's which I thought was a terrible mistake and George could never practice law

...

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