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

Published:
2023-07-18 07:02:57
Imported:
2026-06
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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.

This is a paid post on Patreon.

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Tim Whatley

My skepticism of the Supreme Court is more or less infinite, so I don’t buy this argument. I think in the world we live in, they could explictly say we’re deciding questions via a custom Magic 8-Ball where every possible choice is Death to Commie Hippies, and what is anybody going to do about it? They are certainly not getting impeached. I don’t think they would care, at all, about flipping the precedent everytime they need to based on whatever is expedient right now that they care enough about. John Roberts has more or less said in the context of ethics law that he doesn’t believe Congress has the authority to pass laws to govern them. Even were a Democratic Congress to pass laws reining them in, the Republican Justices would say those laws fail the “Whatever My Butt Says” standard that they’d call something nicer, but boils down to that in effect. The remedy would be impeachment, which is no longer possible to be applied to a Republican to the extent they are removed.

Fame and fortune guaranteed in the state of Tintucky

So Liberals losing on Affirmative action in a small minority of universities; Paves the way for lowering the barrier to standing on multiple other liberal issues including Qualified Immunity?

C’mon

There is no legal analysis like this out there. Nice! Ty 🙂