OA778: Geese, Ganders & Affirmative Action: Are We Overreacting to SFFA v. Harvard? (Feat. Guha Krishnamurthi)

Liz and Andrew welcome Prof. Guha Krishnamurthi to the show to discuss his forthcoming law review article about the future of affirmative action in light of the Supreme Court’s recent decision in SFFA v. Harvard.

Notes
SFFA v. Harvard
https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

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OA770: Supreme Court Declares Racism Over, Will Not Be Taking Questions

Liz and Andrew break down the Supreme Court’s gutting of what little remained of affirmative action in the just-released decision of SFFA v. Harvard.

Notes
SFFA v. Harvard
https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

SFFA complaint
http://sblog.s3.amazonaws.com/wp-content/uploads/2014/11/Harvard-lawsuit-11-17-14.pdf

OA 93
https://openargs.com/oa93-affirmative-action-best-legal-brief-ever-written/

OA 219 – you may be surprised just how minor affirmative action was
https://openargs.com/oa219-harvard-and-affirmative-action/

Henry Etkowitz et al, “The Paradox of Critical Mass for Women in Science”
https://www.kellogg.northwestern.edu/faculty/uzzi/ftp/paradox.pdf

African American wealth
https://www.washingtonpost.com/outlook/2019/06/19/why-racial-wealth-gap-persists-more-than-years-after-emancipation/

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OA219: Harvard and Affirmative Action

Today’s Rapid Response Friday takes us to the front lines of the affirmative action debate with the trial of Students For Fair Admissions, Inc. v. Harvard, a lawsuit brought by a single-issue right-wing activist determined to end diversity as a criterion in school admissions.  (And yes, we tell you what we really think!)

We begin, however, with some news regarding the Monsanto trial we profiled back in Episode 202.

After that, it’s time for a deep dive into the nuances of affirmative action with the SFFA v. Harvard lawsuit.  What exactly does it allege?  What’s the status of affirmative action law?  Where is this lawsuit going?  Listen and find out!

Then it’s time for a brief Andrew Was segment, in which Andrew Was Wrong about the UK Supreme Court, and Andrew Was… Something… about the good news coming out of the Florida Supreme Court.

Finally, we end with an all new Thomas Takes The Bar Exam #98 regarding constitutional standards.  Thomas needs to go 2-for-3 after a recent audit showed a bank error in his favor.  Can he do it?  You’ll have to listen and find out!  And, of course, if you’d like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first covered the Monsanto trial back in Episode 202; go check it out!
  2. Click here to read the Students For Fair Admissions, Inc. v. Harvard lawsuit.
  3. To understand the history of affirmative action, listen to our Episode 93, and check out both Regents of the University of California v. Bakke, 438 U.S. 265 (1978) and Grutter v. Bollinger, 539 U.S. 306 (2003), the cases we discussed in the episode.
  4. I mentioned the Etzkowitz et al. article on critical mass; you can read that here.

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