The Fall of Affirmative Action | Interview: Justin Driver

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 23 September 2025

⏱️ 60 minutes

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Summary

Sarah Isgur and David French sit down with Justin Driver, the Robert R. Slaughter Professor of Law at Yale Law School, to talk about his new book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education. They explore the landmark case Students for Fair Admissions v. Harvard, a ruling celebrated by conservatives as a victory for colorblind principles and criticized by progressives as a blow to racial equity. But according to Driver, both perspectives miss the mark. The Agenda:—DMing Pam Bondi?—Brendan Carr weaponizing the FCC—‘I sued the Obama administration.’—Victimization and mismatch in affirmative action arguments—SFFA and race neutral mechanisms—The future of race-neutral policies Show Notes:—The Morning Dispatch on the FCC Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	Ready?
0:02.0	I was born ready.
0:04.0	Welcome to advisory opinions. I'm Sarah Isger. That's David French. We're going to talk current events here going on at the Department of Justice, the Federal Communications Commission, and ABC News as well. And then we've got a special guest for you all. Professor Justin Driver of Yale Law School. We joining us to talk about his
0:38.4	new book, The Fall of Affirmative Action. I can't tell you how really impactful this
0:46.0	conversation was. So I hope you'll stick around for that as well. We'll be right back.
0:52.9	SCOTUS today is your daily briefing from the nation's leading Supreme Court authority.
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1:30.3	Head to scotisblog.com slash scotus today to sign up today.
1:39.5	All right, David, I want to start by reading you some truths.
1:46.6	Start with Saturday night here.
1:49.1	Pam, colon, I have reviewed over 30 statements and posts saying that essentially,
1:55.0	same old story as last time, all talk, no action, nothing is being done.
1:59.2	What about Comey, Adam Shifty Schiff, Letitia? They're all
2:02.7	guilty as hell, but nothing is going to be done. Then we almost put in a Democrat-supported
2:08.9	U.S. attorney in Virginia with a really bad Republican past. A woke rhino who was never going to do his
2:14.9	job. That's why two of the worst dem senators pushed him so hard.
	...

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