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The Gist

Kenji Yoshino & David Glasgow: "Go Where the Pain Is"

The Gist

Peach Fish Productions

Daily News, News

4.53.7K Ratings

🗓️ 24 February 2026

⏱️ 29 minutes

🧾️ Download transcript

Summary

DEI is facing unprecedented legal and cultural pushback. Kenji Yoshino and David Glasgow, founders of NYU Law's Meltzer Center, argue it's time for a strategic shift: swap the 'E' in DEI for Equality. They join Mike to discuss their new book, How Equality Wins, explaining why mandatory diversity statements often lead to "preference falsification," the importance of supporting dissent, and why the movement must expand its tent to include the working class by simply going "where the pain is." Plus, we're awaiting Chief Justice's Facial expressions during the State of the Union.  And in the spiel, why your daily anxiety has become the ultimate consumer product. Produced by Corey Wara Video and Social Media by Geoff Craig Do you have questions or comments, or just want to say hello? Email us at ⁠⁠⁠⁠thegist@mikepesca.com For full Pesca content and updates, check out our website at https://www.mikepesca.com/ ⁠For ad-free content or to become a Pesca Plus subscriber, check out ⁠⁠⁠⁠https://subscribe.mikepesca.com/ For Mike's daily takes on Substack, subscribe to The Gist List https://mikepesca.substack.com/ Follow us on Social Media:⁠⁠⁠⁠ YouTube https://www.youtube.com/channel/UC4_bh0wHgk2YfpKf4rg40_g⁠⁠⁠⁠ Instagram https://www.instagram.com/pescagist/ X https://x.com/pescami TikTok https://www.tiktok.com/@pescagist To advertise on the show, contact ⁠⁠⁠⁠ad-sales@libsyn.com⁠⁠⁠⁠ or visit ⁠⁠⁠⁠https://advertising.libsyn.com/TheGist

Transcript

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0:00.0

It's Tuesday, February 24th, 2026 from Peach Fish Productions.

0:07.6

It's The Gist. I'm Mike Peska.

0:09.5

State of the Union tonight, and I will be looking at one face.

0:12.4

Please, network pool camera.

0:14.4

Give me the close-up of John Roberts.

0:16.7

He'll be looking glum, because I'm pretty sure the president will say something dumb.

0:21.2

You know, the members of the Supreme Court are humans.

0:23.8

You get behind those robes inside there.

0:25.8

It's a person.

0:26.8

And we know this, right?

0:28.0

We know that one of the reasons that Samuel Alito, for instance, has become so reactionary

0:32.9

is that he feels pushed in the corner by critics and neighbors and people who are criticizing

0:38.2

his wife's vexilology choices. And is it any coincidence that of the three Trump appointees,

0:45.1

it was Kavanaugh, who went so reactionary with Alito and Thomas? Was it his jurisprudence

0:51.2

beforehand that would have hinted that he, rather than Gorsuch, who is this

0:55.5

temperate figure on the court, or at least was by the last ruling, that he would become so,

1:01.9

let's say, radicalized by signing on to an interpretation of Aepe and tariffs. That's quite

1:08.8

plainly in contradiction to the law. They're humans. They react.

1:14.1

And I think what might be going on is that Trump is forcing them, will be forcing them,

1:19.8

into an overreaction. Because Trump, I will allow that he has good tactics. He has good tactics for

1:26.4

the fast-twitch, instant media world that he

1:29.3

lives in, but strategy, which requires a couple months or even a year or long-time thinking,

...

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