Kenji Yoshino & David Glasgow: Saving DEI

The Gist

Peach Fish Productions

Daily News, News

4.5 • 3.7K Ratings

🗓️ 23 February 2026

⏱️ 36 minutes

🔗️ Recording | iTunes | RSS

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Summary

Kenji Yoshino and David Glasgow of NYU Law discuss their book How Equality Wins: A New Vision for an Inclusive America and argue that the path forward for DEI is a shift from "lifting" to "leveling." The conversation presses whether this is a genuine doctrinal shift or simply a strategic recalibration in a post-affirmative-action era. Plus, IEEPA ! MOHELA ! and in the Spiel, a Court once declared illegitimate strikes down Trump's tariff emergency, and its most distraught critics have a chance to recalibrate or double down on the illegitimacy argument. 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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1:01.3	It's Monday, February 23rd, 2026 from Peachfish Productions. It's the gist I'm Mike Pesca.
1:09.6	I don't have to tell you what happened over the weekend.
1:11.6	Of course, Aipa has been struck down as a justification for tariffs. And in doing so,
1:18.4	it joins Mojila as another recent instance where the court said, no, that's not an emergency.
1:24.7	The Aipa Mojila transition has been quite profound. And as you know,
1:29.3	everyone's been talking about Aipa and Mojila. Wait, what language is this? It is the language
1:36.3	of Scotis, Scotis by way of Aipa and Mojila. Aipa, of course, the International Emergency
1:41.0	Economic Powers Act, which Donald Trump invoked to justify sweeping tariffs under a claim of national emergency.
	...

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