Justin Driver: "The Fall of Affirmative Action"
The Gist
Mike Pesca
4.4 • 3.6K Ratings
🗓️ 25 September 2025
⏱️ 43 minutes
🧾️ Download transcript
Summary
Yale Law's Justin Driver argues that SFFA v. Harvard/UNC broke with precedent and embraced a faux "colorblindness," spotlighting the Court's creative reading of Grutter's 2028 "sunset." He lays out the early fallout—sharp drops in Black enrollment at elite schools, Asian American gains, and the perverse incentive for applicants to "essay their trauma." We debate mismatch theory, legacy and athletics preferences, and how universities can lawfully pursue diversity without outright defiance. Also: Argentina's bailout, the Tylenol culture war, and new federal threats to district DEI funding.
Produced by Corey Wara
Production Coordinator Ashley Khan
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Transcript
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| 0:00.0 | It's Thursday, September 25th, 2025 from Peach Fish Productions. |
| 0:07.9 | It's the gist. I'm Mike Pescott. |
| 0:10.1 | We got an Argentinian bailout today. |
| 0:12.4 | Why Mule? |
| 0:13.0 | Why did he qualify? |
| 0:14.8 | I think it's a cut-of-his-jib politics. |
| 0:16.7 | Trump likes the cut of his jib. |
| 0:18.9 | The jib's getting more attractive when you kiss Trump's ass a lot. |
| 0:22.8 | We've also got ongoing Tylenol rhetoric. |
| 0:25.7 | The Trump administration resurfacing a 2017 tweet. |
| 0:29.2 | Look, we've all been there tweeting things we regret, maybe getting a little drunk on the acetaminophen. |
| 0:35.2 | We're an over-the-counter pharmaceutical company. We want to take |
| 0:38.4 | things back. Well, Tylenol had to go and say, you know, our 2017 tweet, it was taken slightly |
| 0:43.9 | out of context, very important, to mention the context of a tweet to ignore all the science, |
| 0:50.9 | how science works, science indicating that Tylenol should only be taken with doctors |
| 0:55.7 | orders judiciously to reduce fever, the only safe over-the-counter medication to do so. |
| 1:01.3 | Some studies showing that maybe there is a link, could be a link between Tylenol and autism. |
| 1:05.5 | We do have to study more, not according to Trump. |
| 1:08.3 | We just have to not take it, gut it out, be a brave person. |
| 1:11.6 | Also was reported today that the Tylenol doctor, one of the main authors of that study, |
| 1:17.6 | he was paid $150,000 as an expert witness. I don't find this terrible or shocking. The man is |
| 1:23.8 | an expert. He wrote a paper. People want his testimony. That's going to cost money. |
... |
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