Sorry, SCOTUS ➡ Affirmative Action Is Here to Stay
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If you think that affirmative action is dead, if you think that affirmative action is just not going to be called something else, you're out of your mind.
You don't know how things work.
If you think that this is like abortion, that was easy.
That was easy.
Abortion is basically the termination of human life.
You can call it a blastocyst, a fetus, but it's pretty simple.
There it was.
There it goes.
That's it.
But you can't call the fetus or the blastocyst or the blastocele or the embryo.
You can't call it something else and get around Roe or get around Dobbs.
It doesn't work like that.
But affirmative action.
Oh, no problem.
The Supreme Court just said, well, here's what you do.
Here's what you do next time.
You called it this.
You said it was this.
You basically used race and you were feeling pretty cocksure then that you didn't have to abide by any law because you did it for so long and you figured, well, that's the way it goes.
We're a private institution, which is a very interesting case as far as equal protection.
Arguments go.
But you just thought you could do whatever you want because you're private.
Oh, no, no, no!
No, it changes today.
Not in the least.
Let me explain.
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Now, diversity.
Cultural diffusion, equity, diversified equity, equitable diversity, diversified equity, cultural whatever, they're going to call this thing something else.
How about this?
Write in your essay how a particular struggle you've been through.
Okay.
Here's my struggle.
But I'm not asking you your race.
But tell me about your struggle.
Well, as a black trans female, as a black gay male, as an Asian, not sure about that one, but you mean to tell me you think there's going to be a way to get around this?
You mean to tell me that what?
That race?
That race?
Or whatever it is you're looking for is not going to be considered.
I don't give a damn what anybody says.
And there will be scrutiny.
But if you think, I mean, this was, of all the decisions, this is more of a kind of a titular, theoretical, a kind of a feel-good.
We have wanted to say that affirmative action is wrong.
Okay, you said it was wrong.
We're not going to affirmatively and actively recruit.
Oh, yes, you are.
No, we're not.
No, we're not.
Yes, you are.
No, we're not.
And there's going to be the challenge.
I'm not saying there's going to be...
Oh, just so that you know, by the way, I think intellectually, intellectually, intellectually, spiritually, legally, race...
Race, as a factor for excellence, for academic accomplishment, violates everything.
Why?
Let me rephrase it.
What if I were to eliminate somebody because of race?
Because of whatever it is.
That's wrong, right?
Of course it's wrong.
Well, adding it in because you prefer it is just as wrong.
It's not how you use racial components.
That's not the issue.
The issue is what are you going to do about it?
That's the case.
That's the case.
Now, let me ask you this question.
And let me just see if we can go through this.
If you read The dissents in this.
It is clear.
It is one of those...
Just read...
I'm sorry.
Ketanji Brown Jackson.
Read her dissent.
Read Sotomayor's dissent.
Read them.
And what you will see is nothing about law but...
More cultural, socioeconomic ideas that explain the benefits of diversity.
Okay, fine.
It's not a legal reason.
Just like Roe.
If you want to read Roe, there's nothing in Roe that has anything to do with anything.
But it doesn't matter.
What we are looking at right now is very simply this.
We are looking at a system.
That is so different now, whereas before, affirmative action or cultural diversity, it was like a, it was lip service.
It was this quaint, coy, not coy, cute.
It was just, it was, you know, aspirational.
Okay, that's nice.
That's nice.
But what we have here is something different.
What we have here is something that is beyond Anything that we are seeing.
What we have here is a change in everything.
A change in everything.
A change in the specifics, in the targeting, and in the revamping of What was aspirational to now is going to be the law.
We're seeing it with the Human Rights Campaign.
We're seeing it with Corporate Equity Inclusion, DEI, ESG, through WEF.
We're seeing this as being part of our system.
And I promise you...
I don't care what the decision is.
I don't care how it's written.
You're going to see, and everybody, don't think for one minute that organizations and academic institutions weren't ready for this.
They knew it was coming.
6-3, everybody knew.
They knew this was coming.
So they are saying, here's what we're going to do next.
They're going to freeze it.
They're going to try to work within the confines of this.
But I promise you, they're going to say, guess what?
Next year or five years from now, the academic makeup is going to be exactly the same.
You're going to say, it's not because we use your version.
It's going to be because we just used different but allowable criteria that bring us the same result.
So they're just going to be able to...
Phrase it differently.
I'm not saying hi to you.
You know in the old days when people would go for a job application somebody would sit there and they would put a number or a code or a paper clip or something that indicated to the boss or whatever what their racial makeup was.
Okay.
I'm not saying it's going to be that blatant.
But I promise you for example write me an article.
Write me an essay about some particular struggle you went through.
As a black, trans, non-binary, two-spirit, whatever, I found...
There you go.
Wait a minute.
Can you say that?
I'm not taking that into good...
Wait a minute.
He said, well, he, she, they said this.
That's fine.
This was a story about a particular struggle they went through.
Yeah, but that's getting around.
No, it's not getting around anything.
Can't tell somebody, by the way, tell us your struggle, but don't mention race.
Don't mention how you were raised.
No!
Do you see what I'm saying?
This may be great.
This may be terrific.
And I know the conservative leaders are going to say, yes, this is wonderful.
This is Roberts, his legacy, and this and that, and Dobbs.
And by the way, the Supreme Court this year, this term, rather, has been extremely fair in meeting out various decisions that, in many respects, benefited the Biden administration.
But don't think for a moment this is over.
That's all I'm saying.
Don't get your hopes up.
If your hopes were...
That affirmative action would be forever removed and that we would move to a colorblind society.
That is never going to happen.
You are never going to see that.
Because you can't.
It's impossible.
But no harm for trying.
What do you think?
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Subscribe to this channel.
Please use the...
How did we say this?
Please use the...
What am I trying to say?
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