The Gist
Justin Driver: "The Fall of Affirmative Action"
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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
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