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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

Race, College, and the Constitution

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 3 November 2022

⏱️ 48 minutes

🧾️ Download transcript

Summary

This week the Supreme Court heard oral arguments in two cases challenging the use of racial preferences in college admissions at Harvard and The University of North Carolina. Your hosts do a deep dive into those arguments, pulling out the best, worst, and most interesting questions. GianCarlo then interviews Professor David Bernstein who filed an influential amicus brief in the cases and wrote a fascinating book called Classified: The Untold Story of Racial Classification in America. Lastly, GianCarlo quizzes Zack to see if he can identify the most famous and infamous quotes from the Supreme Court's race jurisprudence.


As mentioned in the episode, you can read Ed Whelan's article here and Professor Ilya Somin's article here.


Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org.


Don't forget to leave a 5-star rating.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.6

I'm John Carlo Canoparo.

0:07.4

I'm Zach Smith.

0:08.6

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:20.9

Welcome back, the SCOTUS 101.

0:23.6

Welcome back. It was a big week at the court with oral arguments in the Harvard and

0:27.7

UNC racial preferences cases. But first, Zach, any interesting news or orders?

0:33.5

Well, G.C., there were no new grants this week, but the Chief Justice did grant a temporary stay of a lower court order that would have required Donald Trump to release his tax returns to the House Ways and Means Committee.

0:45.6

Now, the Chief Justice asked for responses by November 10th, so we'll probably hear more about this dispute in the coming weeks.

0:53.2

The court also said that the Fulton County

0:55.5

District Attorney can require Senator Lindsey Graham to appear in front of a grand jury. However,

1:01.2

the court also assumed that his speech and debate clause privilege will protect him from

1:06.2

having to reveal certain information related to his official duties as a U.S. Senator.

1:11.9

Now, tell us about those Harvard and UNC oral arguments, G.C.

1:16.5

All right. Well, we have two cases involving challenges to the use of racial preferences in the

1:23.0

admissions policies at Harvard and the University of North Carolina. So a quick reminder about what these cases

1:28.9

are about. The plaintiff, Students for Fair Admissions, is a group that represents Asian American

1:33.8

college applicants and challenges the way that Harvard and UNC give racial preferences to black

1:39.3

and Hispanic students at the expense of white and Asian applicants. The data produced in the Harvard trial,

1:45.4

for example, revealed that to give more of their limited admission spots to black and Hispanic

1:50.5

students, the school penalizes Asians. Not only does it require higher test scores and grades of them,

1:56.0

but it also systematically gives them poor marks on the personal rating. That seems extremely problematic.

...

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