Justin Driver: "The Fall of Affirmative Action"
Yale Law's Justin Driver argues that SFFA v. Harvard/UNC broke with precedent and embraced a faux "colorblindness," spotlighting the Court's creative reading of Grutter's 2028 "sunset." He lays out the early fallout—sharp drops in Black enrollment at elite schools, Asian American gains, and the perverse incentive for applicants to "essay their trauma." We debate mismatch theory, legacy and athletics preferences, and how universities can lawfully pursue diversity without outright defiance. Also: Argentina's bailout, the Tylenol culture war, and new federal threats to district DEI funding. Produced by Corey Wara Production Coordinator Ashley Khan Email us at [email protected] To advertise on the show, contact [email protected] or visit https://advertising.libsyn.com/TheGist Subscribe to The Gist: https://subscribe.mikepesca.com/ Subscribe to The Gist Youtube Page: https://www.youtube.com/channel/UC4_bh0wHgk2YfpKf4rg40_g Subscribe to The Gist Instagram Page: GIST INSTAGRAM Follow The Gist List at: Pesca Profundities | Mike Pesca | Substack
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Show Notes
Yale Law's Justin Driver argues that SFFA v. Harvard/UNC broke with precedent and embraced a faux "colorblindness," spotlighting the Court's creative reading of Grutter's 2028 "sunset." He lays out the early fallout—sharp drops in Black enrollment at elite schools, Asian American gains, and the perverse incentive for applicants to "essay their trauma." We debate mismatch theory, legacy and athletics preferences, and how universities can lawfully pursue diversity without outright defiance. Also: Argentina's bailout, the Tylenol culture war, and new federal threats to district DEI funding.
Produced by Corey Wara
Production Coordinator Ashley Khan
Email us at [email protected]
To advertise on the show, contact [email protected] or visit https://advertising.libsyn.com/TheGist
Subscribe to The Gist: https://subscribe.mikepesca.com/
Subscribe to The Gist Youtube Page: https://www.youtube.com/channel/UC4_bh0wHgk2YfpKf4rg40_g
Subscribe to The Gist Instagram Page: GIST INSTAGRAM
Follow The Gist List at: Pesca Profundities | Mike Pesca | Substack
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