OA93: Affirmative Action (& The Best Legal Brief Ever Written)

Today’s show is a deep dive into the current Constitutional status of affirmative action in higher education.

We begin, however, with a question about Donald Trump from conservative listener Sage Scott.  Is it really a big deal to just listen to the Russians?  Couldn’t you just pay them if their stuff turns out to be useful?  No.  The answer is no.

In the main segment, the guys outline the current state of the law of affirmative action in higher education as set forth in Fisher v. University of Texas-Austin, 136 S.Ct. 1398 (2016) (“Fisher II“), and what that means in light of the Trump Administration’s recent comments that it plans to focus DOJ resources on challenging college admission programs that (supposedly) disadvantage white people.

Next, in a follow-up to the John Oliver defamation lawsuit we discussed in Episode 84, “Closed Arguments” returns with a dissection of the best legal brief ever written, an amicus curiae brief filed by Jamie Lynn Crofts of the ACLU of West Virginia in support of Oliver.  Andrew tries to contain his jealousy.

Finally, we end with the answer to Thomas Take the Bar Exam Question #35 regarding a physician’s duty regarding releasing patients who are a danger to themselves or others.  And don’t forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)!

Recent Appearances

Andrew had a busy week!  He was on the follow shows:

Show Notes & Links

  1. Here is a link to 52 U.S.C. § 30121, which you can read for yourself plainly prohibits virtually all contact between foreign nationals and any candidate for federal, state, or even local office.
  2. You can read the August 1, 2017 New York Times story on how the Trump Administration plans to challenge affirmative action in college admissions here.
  3. The most recent Supreme court case on affirmative action in higher education is Fisher v. University of Texas-Austin, 136 S.Ct. 1398 (2016) (“Fisher II“); Andrew also referenced Fisher I, 133 S.Ct. 2411 (2013).
  4. We first discussed Bob Murray’s defamation lawsuit against John Oliver in Episode #84, and you can read the ACLU’s outstanding amicus brief here.

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